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dismissed EB-2 (NIW)

General And Operations Manager

Financial Management Consultancy · 2024-08-28

Decision Date
2024-08-28
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 open a financial management consultancy office with a particular focus on servicing financial institutions, hotels, and property management businesses. The endeavor aims to create jobs in an economically distressed area.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

The petitioner failed to demonstrate that the proposed endeavor would have a broad impact or significant positive economic effects, as the creation of four jobs in a large county was not considered nationally important.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish that the proposed endeavor met Dhanasar's first prong (substantial merit and national importance). Specifically, the projected creation of four jobs in a county of over 18,000 residents was deemed insufficient to demonstrate a broader impact or significant positive economic effects. The second and third Dhanasar prongs were not addressed as the first prong was not met.

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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: 2024-08-28.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

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