dismissed EB-2 (NIW) RFE Issued

Accountant And Entrepreneur

Accounting Consulting Services Firm · 2024-09-30

Decision Date
2024-09-30
Location
Boca Raton, Florida
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 to develop an accounting consulting services firm based in Florida. This firm will provide an array of services including tax preparation, business auditing, and payroll management, with an intention to open three offices over five years and hire fifty employees.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

The proposed endeavor, an accounting consulting firm, was found to have substantial merit but lacked national importance, as its impact was not shown to extend beyond clientele to broadly affect the industry or provide substantial national economic benefits.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to satisfy the first prong of the Dhanasar framework, which requires demonstrating that the proposed endeavor has national importance. Although the Petitioner highlighted her success, the importance of the accounting industry, and plans to create employment (fifty employees) and generate significant revenue, these factors were deemed insufficient to prove national importance. The evidence did not show that the endeavor's prospective impact would extend beyond her clientele to broadly affect the financial services or accounting industries, or provide substantial positive economic effects in Florida or the United States.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director requested evidence, and the Petitioner responded with articles of incorporation and business filings. The RFE likely aimed to clarify the business's operational details and its connection to economically distressed areas, as the stated intent for a 'Hub Zone' headquarters conflicted with the listed principal address.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Commercial Success
Reference Letters Independent

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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.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-09-30.

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At a Glance

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

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

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