dismissed EB-2 (NIW)

Accounting Manager

Financial Consulting · 2024-07-15

Decision Date
2024-07-15
Location
Massachusetts
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 her own financial consulting company headquartered in Massachusetts. The endeavor aims to provide financial consulting services and intends to employ 20 workers within the first five years of operation.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

The petitioner did not establish that the proposed financial consulting endeavor has national importance.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the proposed endeavor under the first Dhanasar prong. The subsequent motion was dismissed because the petitioner did not provide new facts or demonstrate that the prior decision was based on an incorrect application of law or policy, specifically failing to substantiate a Fifth Amendment claim.

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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: 2024-07-15.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3

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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