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dismissed EB-2 (NIW)

Entrepreneur

Business And Financial Consulting Industry · 2024-09-04

Decision Date
2024-09-04
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 provide consulting, advising, and training services to small and medium-sized software companies and entrepreneurs. These services encompass business consulting, advisory, dispatcher service analysis, and strategies for business recovery and market growth, specifically targeting Latin American businesses operating in the United States.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

The petitioner did not demonstrate that the proposed endeavor had national importance, as its potential impact did not sufficiently extend beyond his clientele to broadly affect the business and financial consulting industry or economic initiatives. The AAO agreed with the Director's finding.

2 The individual is well-positioned to advance their proposed endeavor Not Met

The Director concluded that the petitioner was not well-positioned to carry out the proposed endeavor. The AAO reserved opinion on this prong.

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

The Director concluded that a waiver of the labor certification requirement was not beneficial. The AAO reserved opinion on this prong.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to demonstrate that his proposed endeavor had national importance under the first prong of the Dhanasar framework. USCIS found that the potential impact of his work did not sufficiently extend beyond his clientele to broadly affect the business and financial consulting industry or economic initiatives. The petitioner did not provide sufficient evidence that his company's future staffing levels, business activity, associated tax revenue, or financial initiatives would provide substantial positive economic effects in Florida or the United States generally, nor did he show a significant share of the market.

Evidence

Evidence Types
Resume
Professional Plan
Work Experience Documentation
Reference Letters Dependent

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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: 2024-09-04.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 4

EB-2 (NIW) Case Data

Scraped Case Data

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

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EB-2 (NIW) Overview All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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