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dismissed EB-2 (NIW)

Accounting Specialist, CEO

Accounting, Tax Preparation, Bookkeeping, And Payroll Services · 2024-08-29

Decision Date
2024-08-29
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 found an accounting, tax preparation, bookkeeping, and payroll services firm. This firm would offer accounting outsourcing, tax preparation outsourcing, payroll processing outsourcing, accounts payable management outsourcing, and corporate opening and ITIN registration services to American companies.

Framework Evaluation

0 of 3 criteria met
1 Proposed endeavor has substantial merit and national importance Not Met

The Director found the endeavor had substantial merit, but the AAO concluded it did not establish national importance, as its potential impact was not shown to have broader implications beyond direct clients and employees.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish that the proposed endeavor has national importance, as required by the first Dhanasar prong. The AAO found that while the endeavor had substantial merit, the record did not demonstrate broader implications beyond benefiting the petitioner, employees, and clients. Despite claims of creating 68 direct and 88 indirect jobs, and projected payrolls of $809,674 in the first year and $2,741,945 in the fifth year, the evidence did not show how these would significantly impact the U.S. economy or address a national shortage in accounting. The petitioner also failed to elaborate on how the endeavor aligned with federal initiatives or filled a critical gap in financial services.

Evidence

Evidence Types
Business Plan

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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: 2024-08-29.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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