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's initial filing reflected his company will provide consulting services for bars, restaurants, and events, which he proposed would generate jobs in the United States, improve working conditions, and spur investment in the local and regional communities, with a particular focus on restaurants and bars.
Why This Petition Was Denied
The appeal was dismissed because the Petitioner failed to establish eligibility for the EB-2 classification as an individual of exceptional ability. While the Petitioner provided adequate evidence of at least 10 years of full-time experience, they did not satisfy at least three of the six regulatory criteria under 8 C.F.R. § 204.5(k)(3)(ii). Specifically, claims regarding an official academic record, a license or certification, and membership in professional associations were not met or were waived on appeal. Since the EB-2 classification was not established, the NIW consideration under the Dhanasar framework was reserved.
Request for Evidence (RFE)
Unsuccessfully Addressed
The Director issued an RFE challenging the Petitioner's claims for exceptional ability, specifically regarding an official academic record, a license or certification, membership in professional associations, and recognition for achievements. The Petitioner's response, as referenced in the appeal, did not sufficiently address these concerns, leading to an adverse determination on multiple criteria.
The petitioner proposes to provide consulting, management, and process implementation advice and education activities to small and medium-sized, Latino owned businesses.
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.
The petitioner intends to direct and oversee the operation of a "business consulting agency that will operate from the state of Massachusetts" and will offer "expert business consulting services to small and medium-sized companies in need of a business plan and business model development, strategic consulting and financial business process outsourcing (BPO) services."
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.
