dismissed EB-2 (NIW)

Financial Manager

Finance Management · 2023-02-07

Decision Date
2023-02-07
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 work as a financial manager providing financial and business administration consulting services to a wide array of businesses simultaneously. The endeavor also allegedly involved the development, manufacturing, and distribution of COVID-19 response supplies.

Framework Evaluation

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

The petitioner did not demonstrate that her specific consulting work would have substantial positive economic effects or benefits reaching the level of national importance.

Why This Petition Was Denied

The motion was dismissed because the petitioner failed to establish the national importance of the endeavor under the first Dhanasar prong. Specifically, the petitioner relied on generalized industry information, failed to substantiate claims of job creation or broad economic impact, and improperly attempted to change the scope of the endeavor after the filing date to include COVID-19 response.

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: 2023-02-07.

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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 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

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