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dismissed EB-2 (NIW) RFE Issued

Financial Manager

Finance · 2024-07-01

Decision Date
2024-07-01
Location
New York
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 operate a financial consulting company in New York providing services such as financial health consulting, analysis, and optimization for small and medium-sized businesses. The endeavor aims to assist clients in navigating the financial landscape and qualifying for business loans while employing a team of professionals.

Framework Evaluation

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

The endeavor's impact was found to be limited to the petitioner's company and clients rather than the field or economy at large.

Why This Petition Was Denied

The appeal was dismissed because the petitioner made material changes to the endeavor after the filing date, switching from an independent contractor role to a company owner. Additionally, she failed Dhanasar Prong 1 as she did not demonstrate that employing a small team in New York would have substantial positive economic effects or national importance.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested more specific information on the endeavor's national importance; the petitioner responded by submitting a business plan for a newly formed company.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Media Coverage

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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: 2024-07-01.

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

Related Pages

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

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