dismissed EB-2 (NIW)

Entrepreneur

Finance, Business, And Management; Financial Consulting And Training Services · 2024-08-09

Decision Date
2024-08-09
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 starting a company that will provide consulting, training, and education to individuals and organizations. The aim is to better inform them about financial compliance and sound financial strategy.

Framework Evaluation

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

The petitioner failed to demonstrate that the proposed endeavor has national importance, as the evidence provided did not sufficiently link to the specific endeavor or establish its broader impact beyond local clients.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his proposed endeavor under Dhanasar's first prong. The support letters and articles were deemed too generalized or not directly tied to the specific endeavor. The business plan's revenue and staffing projections were considered overly optimistic and lacked a credible basis, especially when extrapolating from global or national market trends to a small local business. The petitioner also waived several arguments by not meaningfully contesting the Director's conclusions.

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions
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: 2024-08-09.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 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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