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dismissed EB-2 (NIW) RFE Issued

Management And Financial Analyst

Financial Advisory Services Business · 2024-10-28

Decision Date
2024-10-28
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 management and financial analyst, specifically in a financial advisory services business. The endeavor aims to provide financial services, though the specific details of its unique impact or methodology are not elaborated in the provided text.

Framework Evaluation

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

The AAO concurred with the Director that merely working in financial management or starting a financial advisory business was insufficient to establish national importance, and new reports did not show specific U.S. economic impact or job creation attributable to the endeavor.

2 The individual is well-positioned to advance their proposed endeavor Not Met

The AAO found that letters of intent lacked sufficient detail to reflect customer interest or demonstrate the petitioner's past experience rendered her well-positioned to advance the endeavor.

3 On balance, it would benefit the US to waive the job offer and labor certification requirements Not Met

The AAO implicitly found this prong unmet by upholding the Director's decision that the petitioner had not established that a waiver would be in the national interest, given the failure to satisfy the first two prongs.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to meet the requirements for a motion to reopen or reconsider. The Director and AAO found that the Petitioner did not submit new facts or demonstrate that the prior decision was based on an incorrect application of law. Specifically, the evidence, including company incorporation and business plan submitted post-filing, was not considered probative for eligibility at the time of filing. Furthermore, general industry articles and letters of intent lacked specific details on the proposed endeavor's U.S. economic impact or job creation, failing to establish national importance (Prong 1) or that the petitioner was well-positioned (Prong 2).

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence, to which the petitioner submitted a business plan and other documentation. However, the AAO found these submissions insufficient, noting that the business plan and company incorporation occurred after the petition's filing and that the evidence did not adequately demonstrate the national importance or the petitioner's position to advance the endeavor.

RFE Targets
The proposed endeavor has both substantial merit and national importanceThe individual is well-positioned to advance their proposed endeavor

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions
Government Alignment

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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: 2024-10-28.

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At a Glance

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

EB-2 (NIW) Case Data

Scraped Case Data

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

Related Pages

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

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