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dismissed EB-2 (NIW) RFE Issued

Chief Financial Officer (CFO)

Business And Finance · Brazil · 2023-09-26

Decision Date
2023-09-26
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 serve as a Chief Financial Officer and Business and Finance Administrator for his own Florida-based company. He intends to provide financial administration consulting services, including financial forecasting, budgeting, and coordinating accounting and investment activities for U.S. companies to help them meet financial goals.

Framework Evaluation

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

The petitioner did not show that the specific endeavor would impact the field or economy more broadly beyond his own company or clientele.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not establish the national importance of the proposed endeavor. The record lacked specific documentation like a business plan or sales forecast to show broader implications or substantial economic effects, and the petitioner's personal qualifications were insufficient to satisfy the first prong of the Dhanasar framework.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested a detailed description of the endeavor and business documentation. The petitioner responded by shifting the description from managing his own company to providing broader consulting services.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions

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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: 2023-09-26.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 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 Brazil All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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