dismissed EB-2 (NIW)

Entrepreneur

Finance Industry · 2024-09-30

Decision Date
2024-09-30
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's proposed endeavor is to start a business in the finance industry, specializing in real estate financing solutions for both American and international clients. This business aims to advance U.S. business and technology.

Framework Evaluation

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

The proposed endeavor was found to have substantial merit, but the petitioner failed to demonstrate its national importance by relying on general industry importance rather than the specific impact of her work.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance element of the first Dhanasar prong. While the endeavor was found to have substantial merit, the petitioner improperly relied on the general importance of the finance industry, entrepreneurship, and small businesses, rather than demonstrating the broader impact of her specific proposed work. USCIS declined to reach arguments concerning the remaining Dhanasar prongs.

Evidence

Evidence Types
Reference Letters Independent

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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: 2024-09-30.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 1

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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