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dismissed EB-2 (NIW) RFE Issued

Accountant

Accounting · Colombia · 2024-09-23

Decision Date
2024-09-23
This case is from a USCIS Administrative Appeals Office (AAO) appeal decision. Appeal cases represent a subset of petitions and may not reflect typical outcomes.

Proposed Endeavor

The petitioner proposes a consultancy initiative focused on empowering U.S. small and medium enterprises (SMEs) to navigate global landscapes, specifically by expanding into Latin American markets and applying international financial reporting standards (IFRS). This initiative aims to foster growth and success for SMEs through regulatory compliance, financial transparency, and effective decision-making.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

The petitioner failed to demonstrate the national importance of her proposed endeavor, lacking specific details on projects, evidence of impact on U.S. employment, or substantial positive economic effects. The alignment with the CARES Act was deemed too general.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish eligibility for the EB-2 classification, as her foreign degrees (Titulo de Tecn6logico en Contraduria Financiera and Titulo de Contador Publico from Colombia) were not found to be equivalent to a U.S. bachelor's degree. The Titulo de Contador Publico was a two-year program, and the Titulo de Tecn6logico was a three-year program, both falling short of the four years generally required for a U.S. baccalaureate. Furthermore, even if EB-2 eligibility were met, the petitioner did not demonstrate the national importance of her proposed endeavor under Dhanasar's first prong, lacking specific evidence of projects, impact on U.S. employment, or substantial positive economic effects, and failing to show specific alignment with government initiatives beyond general small business support.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested a detailed description of the proposed endeavor. The petitioner submitted a second statement describing her consultancy initiative, but the USCIS found it still lacked sufficient specific information about the projects or consulting work she would undertake in the U.S.

RFE Targets
The proposed endeavor has both substantial merit and national importance

Evidence

Evidence Types
Reference Letters Dependent

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Frequently Asked Questions

A dismissed EB-2 NIW petition means USCIS found the evidence insufficient to meet the eligibility criteria. Common reasons include weak documentation, failure to meet the required number of criteria, or insufficient evidence of the claimed qualifications. Petitioners can refile with stronger evidence or explore alternative visa categories.

Browse More Cases

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-09-23.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,814
Success Rate 53.6%
Sustained 2,046
Dismissed 1,672

Related Pages

EB-2 (NIW) Overview EB-2 (NIW) in Colombia All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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