Financial Consulting Business · Kazakhstan · 2025-01-31
Decision Date
2025-01-31
Location
California
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 business in California, offering financial advisory, accounting, and tax assistance services, along with business courses specifically for immigrants. This endeavor aims to help clients with financial planning, debt management, and tax treatment.
Framework Evaluation
0 of 3 criteria met
1The proposed endeavor has both substantial merit and national importanceNot Met
The Director concluded that the Petitioner's endeavor has substantial merit but not national importance, as the business plan lacked sufficient basis for projections and did not demonstrate significant potential to employ U.S. workers or have substantial positive economic effects.
2The individual is well positioned to advance the proposed endeavorNot Met
The Director concluded that the Petitioner is not well-positioned to advance her proposed endeavor.
3On balance, waiving the requirements of a job offer and a labor certification would benefit the United StatesNot Met
The Director concluded that the evidence does not support that the endeavor, on balance, would be beneficial to the United States to waive the requirements of a job offer and labor certification.
Why This Petition Was Denied
The appeal was dismissed because the Petitioner failed to establish the national importance of her proposed endeavor under the first prong of the Dhanasar framework. The Director found that while the endeavor had substantial merit, the business plan lacked sufficient detail for its projections, did not demonstrate significant potential for U.S. job creation or other substantial positive economic effects, and the expert letters were from previous employers, not independent experts discussing national importance.
Request for Evidence (RFE)
Unsuccessfully Addressed
The RFE, issued on March 6, 2024, challenged the national importance of the endeavor (Prong 1), the petitioner's position to advance it (Prong 2), and the overall benefit of waiving the job offer (Prong 3). The petitioner's response, including reiterating business plan claims and submitting employer letters, was deemed insufficient to overcome the Director's determination.
RFE Targets
The proposed endeavor has both substantial merit and national importanceThe individual is well positioned to advance the proposed endeavorOn balance, waiving the requirements of a job offer and a labor certification would benefit the United States
The petitioner intends to continue her career as a financial and investment analyst by operating her own consulting company, which will offer financial solutions and management expertise to small and medium-sized business owners. The company will provide budgeting, forecasting, and financial planning services, specializing in a financial dashboard tool, business planning, growth plans, market research, and finance management training. Additionally, the petitioner intends to offer financial literacy courses to low-income individuals to foster financial literacy and entrepreneurship.
The petitioner proposes to work as a financial consultant and operate her own firm, providing financial and investment planning advice to individuals and businesses. Her endeavor aims to contribute to the national economy and the financial services industry.
The petitioner proposes to establish a consulting business in California offering expert tax planning, preparation, and meticulous bookkeeping services. The endeavor includes strategic financial consulting for small corporations, self-employed businesses, and individuals to assist in growth objectives and IRS representation.
The petitioner proposes to open and operate a financial consulting firm in the United States. She intends to assist U.S. companies with financial decision-making, operational streamlining, productivity improvements, and expansion efforts into Latin America.
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.
