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dismissed EB-2 (NIW)

Entrepreneur

Business Consulting · 2024-09-11

Decision Date
2024-09-11
Location
New York
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 and manage her own business consulting company, specializing in finance and banking. Her goal is to assist companies in the United States and Kazakhstan import and export products between the two countries. Her goal is to "help clients navigate the complexities of international trade, identify new market opportunities, and develop effective strategies to increase their competitiveness in global markets ... with the ultimate objective of increasing profitability and sustainable growth." She also aims to "assist[] women entrepreneurs from Kazakhstan in achieving financial success and independence, while serving clients and customers throughout the United States."

Framework Evaluation

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

The proposed endeavor was found to have substantial merit, but the petitioner failed to demonstrate its national importance through sufficient evidence of broader impact or significant economic effects.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to demonstrate the national importance of her proposed endeavor under Dhanasar's first prong. While the endeavor had substantial merit, USCIS found insufficient evidence to show broader impact beyond individual clients, and job/revenue projections (51 direct jobs, 105 indirect jobs, $6.5M revenue by year five) were not adequately supported or deemed significant enough to constitute 'substantial positive economic effects' in a $329.9 billion industry. Alignment with U.S. foreign policy was also not sufficiently linked to the specific endeavor's impact.

Evidence

Evidence Types
Reference Letters Dependent
Commercial Success
Government Alignment

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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: 2024-09-11.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,815
Success Rate 53.6%
Sustained 2,046
Dismissed 1,673

Related Pages

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

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