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dismissed EB-2 (NIW) RFE Issued

Financial Manager

Financial Management Field · 2024-05-30

Decision Date
2024-05-30
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 firm to provide administrative and financial advisement for small and medium-sized businesses, specifically targeting those experiencing economic hardship due to the COVID-19 pandemic. The work involves optimizing operational processes, reducing losses, and generating management reports to help businesses like restaurants and retailers remain viable.

Framework Evaluation

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

The endeavor has substantial merit but lacks national importance as it does not have broader implications beyond the immediate clients.

2 Well Positioned to Advance the Endeavor Not Met

The AAO withdrew the Director's favorable finding, noting a lack of evidence regarding a record of success or significant progress.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to meet the first two Dhanasar prongs. Specifically, the proposed endeavor lacked national importance as its impact was limited to individual clients, and the Petitioner failed to demonstrate they were well-positioned to advance the endeavor beyond mere business registration.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued an RFE regarding the national importance of the endeavor. The Petitioner submitted articles on the general importance of small businesses, which were deemed insufficient to show the impact of this specific endeavor.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions

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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: 2024-05-30.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 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

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