dismissed EB-2 (NIW) RFE Issued

Accountant

Accounting · 2024-08-27

Decision Date
2024-08-27
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 offer her vast experience to implement the most modern accounting strategies and techniques, evaluate financial operations, recommend best practices, identify problems and create strategies and solutions, help organizations run efficiently, provide guidance on reducing costs, increasing revenue, and maximizing profits, and provide risk analysis to drive exponential growth for U.S. organizations.

Framework Evaluation

1 of 3 criteria met
1 The individual is well-positioned to advance their proposed endeavor Met

The Director determined that the submitted evidence established the Petitioner is well-positioned to advance her proposed endeavor.

2 The proposed endeavor has both substantial merit and national importance Not Met

The petitioner established the substantial merit of her endeavor, but failed to demonstrate its national importance, lacking evidence of broader impact or substantial positive economic effects.

3 On balance, waiving the job offer requirement would benefit the United States Not Met

USCIS reserved judgment on this prong, stating that since the first prong was not met, it was unnecessary to make advisory findings on the third prong.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy the first prong of the Dhanasar framework, specifically regarding the national importance of her proposed endeavor. While the substantial merit was established, USCIS found insufficient independent objective evidence to prove a broader impact beyond her direct clients or substantial positive economic effects. The decision did not explicitly evaluate the third Dhanasar prong, as the first prong was not met.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director requested evidence to establish the national importance of the proposed endeavor, specifically seeking independent objective evidence to show a broader impact beyond direct clients or substantial positive economic effects.

RFE Targets
prong 1 national importance

Evidence

Evidence Types
Reference Letters Independent
Reference Letters Dependent
Original Contributions
Professional Plans

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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: 2024-08-27.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 3
Evidence Types 4

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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