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dismissed EB-2 (NIW) RFE Issued

Financial Manager

Financial Consulting Services · 2024-07-16

Decision Date
2024-07-16
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 seeks to provide financial consulting services as the Founder and Lead Financial Advisor of his own firm. The endeavor focuses on providing bookkeeping and CFO services to clients.

Framework Evaluation

0 of 3 criteria met
1 Well-positioned to Advance the Endeavor Not Met

The Director determined the record does not demonstrate a record of success sufficient to establish that the Petitioner is well-positioned to advance his endeavor.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to address the merits of the Director's decision to dismiss the prior motions to reopen and reconsider. Regarding the merits, USCIS found the evidence did not demonstrate a record of success sufficient to establish the Petitioner was well-positioned (Prong 2), and expert letters provided were treated as advisory rather than presumptive evidence of eligibility.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued an RFE regarding the petitioner's eligibility; the petitioner provided subsequent documentation which the Director found insufficient to show the petitioner was well-positioned.

RFE Targets
Well-positioned to Advance the Endeavor

Evidence

Evidence Types
Reference Letters Dependent

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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 1

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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