dismissed EB-2 (NIW)

Finance And Insurance Manager

Finance And Insurance ยท 2024-11-20

Decision Date
2024-11-20
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 continue his career as a financial and insurance manager, assisting U.S. companies with process improvements, financial management standards, and creating mechanisms for intelligent investment decisions. This involves optimizing financial operations, developing automation processes, providing financial management, working as an insurance manager, and acting as a consultant.

Framework Evaluation

0 of 3 criteria met
1 Proposed endeavor has substantial merit and national importance Not Met

The proposed endeavor lacked specificity and did not demonstrate national importance, failing to show broader impact beyond individual companies.

2 Petitioner is well-positioned to advance the endeavor Not Met

While the petitioner's past experience was noted, USCIS did not explicitly evaluate this prong, stating that the evidence presented was misplaced for Prong 1.

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

The petitioner did not demonstrate how his services would have a broader impact or substantial positive economic effects to warrant a waiver.

Why This Petition Was Denied

The motion to reconsider was dismissed because the petitioner failed to establish that the prior decision was based on an incorrect application of law or policy. USCIS found the proposed endeavor lacked specificity and national importance, as it did not demonstrate a broader impact beyond individual companies. The petitioner's arguments regarding past performance and skills were deemed misplaced for Prong 1, and no corroborating evidence was provided to show substantial positive economic effects or job creation at a national level.

Evidence

Evidence Types
Reference Letters Dependent
Media Coverage
Original Contributions
Commercial Success

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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: 2024-11-20.

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At a Glance

Outcome dismissed
Criteria Met 0 / 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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