dismissed EB-2 (NIW)

Entrepreneur With A Background In Accounting

Business And Managerial Consulting Firm ยท 2024-07-26

Decision Date
2024-07-26
Location
Florida or Texas
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 open and operate a business and managerial consulting firm to assist U.S. companies with financial decision-making, operational streamlining, and profitability improvements.

Framework Evaluation

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

The endeavor has substantial merit but lacks evidence of prospective impact rising to the level of national importance.

2 Well-positioned to Advance the Endeavor Not Met

The Director found this prong unmet; the AAO reserved judgment but noted the Petitioner did not meet his burden.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Director found this prong unmet; the AAO did not provide a full de novo analysis as prong one was dispositive.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner did not establish the national importance of his endeavor under the first Dhanasar prong. While he projected hiring 11 employees and generating tax revenue, the evidence was deemed speculative and failed to show substantial economic effects beyond his immediate clientele.

Evidence

Evidence Types
Reference Letters Independent
Awards
Expert Letters
Articles Published About The Petitioner

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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: 2024-07-26.

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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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