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dismissed EB-2 (NIW) RFE Issued

Financial Manager And Lawyer

Finance Industry And The Free Market Economy Of The United States · Albania · 2024-10-30

Decision Date
2024-10-30
Location
United States
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 in the United States as an independent contractor, providing services as a financial manager and lawyer to U.S. entities. The specific activities and scope of this endeavor were not clearly defined.

Framework Evaluation

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

The petitioner failed to clearly define the proposed endeavor and did not provide sufficient evidence to demonstrate its substantial merit or national importance, particularly regarding its broader impact on the U.S. economy or workers.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the first Dhanasar prong, specifically that the proposed endeavor had substantial merit and national importance. The initial proposed endeavor was not clearly defined, and the petitioner made an impermissible material change by introducing a new business plan for a law firm in response to the RFE. The evidence provided, including recommendation letters, focused on past achievements or the new, rejected endeavor, rather than the national importance of the initial, vague proposed work. USCIS found no significant potential to employ U.S. workers or offer substantial positive economic effects at a national level.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested a detailed description of the petitioner's proposed endeavor to evaluate its substantial merit and national importance. The petitioner responded by introducing a new proposed endeavor (opening a law firm), which was considered an impermissible material change and not evaluated for the original petition.

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

Evidence

Evidence Types
Reference Letters Dependent

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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: 2024-10-30.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

Related Pages

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

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