dismissed EB-2 (NIW) RFE Issued

Business Strategist

Business · 2024-08-01

Decision Date
2024-08-01
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 act as a business strategist for clients, providing services in accounting, finance, taxation, and business management. This includes developing comprehensive financial management systems, offering financial planning, fraud identification, tax planning services, training for professionals, and a comprehensive research and development service through collaborative research.

Framework Evaluation

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

The petitioner failed to demonstrate that her proposed endeavor, as a business strategist for individual clients, would have a broader impact on the field or substantial positive economic effects at a national level, beyond mere assertions.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy the first prong of the Dhanasar framework, specifically demonstrating the national importance of her proposed endeavor. USCIS found that the evidence did not show how her work with individual clients would have a broader impact on the business field or substantial positive economic effects at a national level, beyond mere assertions. The importance of the general field (e.g., preventing money laundering, supporting small businesses) was not deemed sufficient to establish the national importance of her specific endeavor.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence regarding the national importance of the petitioner's proposed endeavor. The petitioner responded with a professional plan outlining her services and letters of recommendation, but these were found insufficient to demonstrate national importance.

RFE Targets
The proposed endeavor has both substantial merit and national importance

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions
Professional Memberships
High Salary

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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: 2024-08-01.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 4

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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