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dismissed EB-2 (NIW) RFE Issued

Accounting, Financial, And Tax Consultant

Accounting, Financial, And Tax Consultant · Colombia · 2024-04-10

Decision Date
2024-04-10
Location
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 own and operate a consulting firm in Florida providing accounting, financial, and tax services to small and medium enterprises (SMEs). The goal is to strengthen the American economy by enhancing business opportunities and ensuring SMEs comply with tax laws and regulations.

Framework Evaluation

1 of 3 criteria met
1 Well-positioned to Advance Endeavor Met

The Director found the petitioner well-positioned based on her experience, though the AAO noted conflicting findings in the original decision.

2 Substantial Merit and National Importance Not Met

The endeavor has merit but lacks sufficient prospective impact to be considered of national importance.

3 On Balance, Beneficial to Waive Job Offer Not Met

The petitioner failed to demonstrate that a waiver would be in the national interest.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed Dhanasar's first prong; the proposed endeavor's impact was deemed local rather than of national importance. While the business plan projected $1.6 million in revenue and 13 jobs, these were not considered substantial enough to have a significant national economic effect. The petitioner's 20 years of experience related to the second prong but did not establish the national importance of the specific endeavor.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE focused on the national importance of the endeavor. The petitioner responded with arguments about the role of SMEs in the U.S. economy and alignment with federal tax plans.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Government Alignment

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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: 2024-04-10.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

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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