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dismissed EB-2 (NIW) RFE Issued

Business And Financial Manager Consultant

Business Consultancy Services · 2024-11-21

Decision Date
2024-11-21
Location
Massachusetts
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 establish a consulting company to offer business consultancy services to U.S. clients and businesses. This includes providing in-depth investments, credit risk analysis, elaboration of business planning, and risk rating methodologies, focusing on small- and mid-sized businesses and start-ups in need of financial advice, planning, accounting, and business process outsourcing services.

Framework Evaluation

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

USCIS found that while the proposed endeavor had substantial merit, the petitioner failed to demonstrate its national importance, as the impact did not extend sufficiently beyond his firm and clientele.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the proposed endeavor under the first Dhanasar prong. While substantial merit was acknowledged, the petitioner did not provide sufficient evidence to demonstrate that the specific work for prospective clients would impact U.S. interests or the consulting business more broadly at a level commensurate with national importance. Assertions of job creation and economic contribution were not supported by probative evidence showing the realistic potential of the company to operate and generate significant economic effects.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested additional evidence to establish substantial merit and national importance for Prong 1, as well as documentation for Prongs 2 and 3. The petitioner responded by providing a business plan and reiterating his general proposed endeavor, but failed to provide specific details or evidence to demonstrate the national importance or broad impact of his work.

RFE Targets
The proposed endeavor has both substantial merit and national importance.prong 2prong 3

Evidence

Evidence Types
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: 2024-11-21.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

Related Pages

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

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