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dismissed EB-2 (NIW) RFE Issued

Accounting Specialist And Entrepreneur

Finance And Accounting Consulting Services · 2024-12-05

Decision Date
2024-12-05
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 develop a finance and accounting consulting services firm that provides bookkeeping and accounting services, tax preparation services, payroll services, accounts payable agreement assignments, tax planning and consulting, audit review and annual reports services and financial statement preparation services. The firm plans to be headquartered in Florida with two business units in Georgia and California.

Framework Evaluation

1 of 3 criteria met
1 Petitioner is well-positioned to advance the proposed endeavor Met

The Director found that the Petitioner qualifies as a member of the professions holding an advanced degree and is well-positioned to advance the proposed endeavor.

2 Proposed endeavor has both substantial merit and national importance Not Met

USCIS agreed the endeavor had substantial merit but found the petitioner did not sufficiently demonstrate its national importance, specifically regarding significant U.S. worker hiring potential, substantial positive economic effects, or alignment with government initiatives.

3 On balance, it would benefit the US to waive the job offer and labor certification requirements Not Met

USCIS declined to reach the third prong, stating that the determination regarding the lack of national importance for prong one was dispositive of the appeal.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the proposed endeavor under Dhanasar's first prong. The Director found insufficient evidence to demonstrate the potential for significant U.S. job creation (44 employees were mentioned but deemed insufficient), substantial positive economic effects, or alignment with government initiatives. The petitioner's academic and professional experience, while relevant to prong two, did not address the national importance of the specific endeavor.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence to demonstrate the national importance of the proposed endeavor, specifically how hiring 44 employees would equate to significant U.S. worker hiring and how the benefits to the national economy would reach substantial positive economic effects. The petitioner's response reiterated previous figures and did not overcome these deficiencies.

RFE Targets
Proposed endeavor has both substantial merit and national importance

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: 2024-12-05.

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At a Glance

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

EB-2 (NIW) Case Data

Scraped Case Data

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

Related Pages

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