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dismissed EB-2 (NIW) RFE Issued

Senior Billing Analyst

Financial Consulting Services · 2024-07-16

Decision Date
2024-07-16
Location
Florida
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 establish a financial consulting business in Florida to provide specialized solutions for small-sized and start-up businesses, particularly those recovering from the COVID-19 pandemic. The work focuses on delinquency rate reduction, management of accounts receivable, cost reduction, and risk mitigation to improve client growth and productivity.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Partially Met

The endeavor was found to have substantial merit but lacked sufficient evidence of national importance.

2 Well-positioned to Advance the Endeavor Not Met

The Director found the petitioner was not well-positioned, and the AAO did not overturn this finding.

3 On Balance, Beneficial to Waive Job Offer Not Met

The petitioner did not establish that the benefits of the waiver outweighed the requirement of a labor certification.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor under the first Dhanasar prong. Although the petitioner held an advanced degree and the endeavor had merit, the projected creation of 12 direct and 25 indirect jobs and $200,000 in taxes over five years was deemed insufficient to demonstrate a significant national economic impact.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE sought to address deficiencies in all three Dhanasar prongs. The petitioner responded with a business plan, an expert opinion letter, and articles on the U.S. economy.

RFE Targets
Substantial Merit and National ImportanceWell-positioned to Advance the EndeavorOn Balance, Beneficial to Waive Job Offer

Evidence

Evidence Types
Reference Letters Dependent
Media Coverage
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: 2024-07-16.

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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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