dismissed EB-2 (NIW) RFE Issued

Financial Advisor And Entrepreneur

Financial Advisor And Entrepreneur · 2024-04-18

Decision Date
2024-04-18
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 proposed to provide financial advisory services and eventually start his own business. The endeavor aimed to address industry demand through professional financial planning.

Framework Evaluation

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

The endeavor was found to have substantial merit but lacked evidence of national importance or broader economic impact.

Why This Petition Was Denied

The motion was dismissed because the petitioner failed to establish the national importance of the endeavor. The AAO determined that industry demand alone does not establish national importance. Additionally, the business plan submitted later was considered a material change, and the petitioner failed to identify specific legal or factual errors in the previous dismissal.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to support the national importance of the endeavor. The petitioner responded with a new business plan which the AAO determined was a material change from the original petition.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
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: 2024-04-18.

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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 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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