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dismissed EB-2 (NIW) RFE Issued

Treasurer And Controller

Finance, Banking, And Business Controllership · Brazil · 2023-06-02

Decision Date
2023-06-02
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 initially proposed to work as a treasurer and controller for U.S. companies to help plan and coordinate financial targets. Later, the endeavor shifted to operating a commercial and residential cleaning company that would also provide high-level accounting, strategic planning, and financial consulting services.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

The petitioner failed to consistently articulate the nature of the endeavor and did not show it would have a prospective impact commensurate with national importance.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner made material changes to the proposed endeavor after filing, shifting from a treasurer role to an entrepreneurial cleaning business. The record failed to demonstrate that the endeavor had national importance or that the Petitioner's presence in a HUBZone was relevant given they are not a U.S. citizen.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested clarification on the proposed endeavor; the petitioner responded by changing the endeavor to an entrepreneurial cleaning business, which was deemed a material change.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
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: 2023-06-02.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

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

Related Pages

EB-2 (NIW) Overview EB-2 (NIW) in Brazil All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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