dismissed EB-2 (NIW) RFE Issued

Consultant

Consultant ยท 2024-07-31

Decision Date
2024-07-31
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 intends to provide financial and accounting consulting, training, and digital media content to support the development and sustainability of small and medium-sized businesses (SMEs). The work specifically focuses on empowering entrepreneurs in cities with low economic development through cash flow management, budgeting, and tax project consultancies.

Framework Evaluation

1 of 3 criteria met
1 Well-positioned to Advance the Endeavor Met

The Director's initial decision found the petitioner was well-positioned to advance the endeavor.

2 Substantial Merit and National Importance Partially Met

The endeavor was found to have substantial merit but lacked sufficient evidence of national importance or broader economic impact.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not establish the national importance of the endeavor under the first Dhanasar prong. While the field of small business support is important, the petitioner provided no financial or employee projections to show substantial economic impact or significant job creation potential beyond her immediate business and its clients.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence that the endeavor's impact would rise to the level of national importance; the petitioner responded with industry reports and letters of interest.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Media Coverage
Reference Letters Dependent
Conference Presentations
Peer Reviewed Publications

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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: 2024-07-31.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 3
Evidence Types 4

EB-2 (NIW) Case Data

Scraped Case Data

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

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