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dismissed EB-2 (NIW) RFE Issued

Attorney

Economic Development By Consulting With Noncitizens To Invest In The United States · 2024-08-26

Decision Date
2024-08-26
Location
Florida
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 foster economic growth and improve the U.S. labor market by mitigating migrant remittances. This involves developing financial and investment knowledge in noncitizens through training, conferences, consultancies, infographics, and recommending investment projects within the United States.

Framework Evaluation

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

The endeavor was found to have substantial merit, but the petitioner failed to demonstrate its national importance by showing broader implications or substantial positive economic effects beyond individual clients.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy the first Dhanasar prong, demonstrating the national importance of the proposed endeavor. While the endeavor had substantial merit, the petitioner did not show how their specific consulting services would have broader implications or substantial positive economic effects beyond individual clients, nor did they provide sufficient details on the projected 12 jobs, revenue, or impact on the area of operations.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to establish eligibility for the national interest waiver under the Dhanasar framework. The petitioner supplemented the record with additional reports on financial literacy and census information, but these did not sufficiently address the national importance of the specific endeavor.

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

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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: 2024-08-26.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3

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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