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dismissed EB-2 (NIW) RFE Issued

Entrepreneur In The Field Of Financial Management

Financial Management · Brazil · 2024-01-23

Decision Date
2024-01-23
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 create and operate a financial management company in Florida providing consulting, advisory services, and finance training for small and medium-sized businesses. The endeavor aims to support small business growth and provide specialized training for professionals in the financial sector.

Framework Evaluation

1 of 3 criteria met
1 Well-positioned to Advance the Endeavor Met

The Director previously found the petitioner well-positioned based on her experience and support letters.

2 Substantial Merit and National Importance Partially Met

The endeavor has substantial merit due to its focus on small businesses, but lacks national importance as its impact is localized to specific clients.

3 On Balance, Beneficial to Waive Job Offer Not Met

The record did not establish that waiving the job offer requirement would benefit the United States.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor (Prong 1) and did not meet the EB-2 advanced degree requirement at the time of filing. Specifically, she had only 4 years of post-degree experience instead of the required 5, and her business plan failed to show broader implications for the field beyond her immediate clients.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE stated that letters documenting experience did not include roles and responsibilities; the petitioner responded with additional employment evidence.

RFE Targets
eb2 qualification

Evidence

Evidence Types
Reference Letters Dependent
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: 2024-01-23.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 3
Evidence Types 2

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 EB-2 (NIW) in Brazil All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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