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dismissed EB-2 (NIW)

Entrepreneur

Financial And Pricing Consulting Services · 2024-09-19

Decision Date
2024-09-19
Location
Utah
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 develop a financial and pricing consulting services firm headquartered in Utah with business units in Nevada and Arizona. This firm will provide business and financial structuring for start-ups and SMEs, financial management for SMEs, and pricing/revenue analysis of company product portfolios. The firm aims to operate in SBA HUBZone areas to foster small business growth and generate jobs.

Framework Evaluation

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

USCIS agreed the endeavor had substantial merit but found no evidence of national importance. The projected economic impact (26 jobs, $3.24M revenue) was not deemed sufficient for national or regional importance, and claims of industry transformation lacked objective evidence.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish that her proposed endeavor has national importance, thus not meeting the first prong of the Dhanasar framework. The projected $3.24 million in revenue and 26 direct jobs over five years were deemed insufficient to demonstrate a national or regionally important economic impact. Furthermore, claims of elevating industry standards lacked independent and objective corroborating evidence, and the Petitioner did not provide a direct evidentiary link between her specific business and the claimed substantial economic benefits beyond her direct clients.

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions
Commercial Success
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: 2024-09-19.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 4

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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