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 work as a financial manager, providing specialized services in strategic business planning, financial management, accounting, and people management, with a focus on digital transformations within the U.S. financial landscape. This includes integrating data analytics, business intelligence, financial planning, blockchain, and AI-driven services to broaden client portfolios in the banking sector and assist Latin American companies entering the U.S. market, as well as U.S. companies expanding into the Brazilian market.
Framework Evaluation
0 of 3 criteria met
1The proposed endeavor has both substantial merit and national importanceNot Met
The AAO agreed that the endeavor has substantial merit, but found that the Petitioner did not establish national importance. The proposed work lacked specific details on broader implications beyond direct client benefits and failed to demonstrate substantial positive economic effects.
Why This Petition Was Denied
The appeal was dismissed because the Petitioner failed to establish the national importance of her proposed endeavor under the first prong of the Dhanasar framework. While the endeavor was found to have substantial merit, USCIS concluded that the professional plans contained vague descriptions and did not consistently explain the Petitioner's specific plans for work in the United States, particularly regarding assisting Latin American or U.S. companies with international expansion. The evidence did not establish that her work would result in broader implications beyond direct benefits to employers/clients, or lead to substantial positive economic effects, such as job creation or significant revenue growth, as no projected employment numbers or revenue growth attributable to her specific endeavor were provided. Expert letters and reference letters primarily focused on the importance of the financial sector and the Petitioner's past experience, rather than the prospective national impact of her specific endeavor.
Request for Evidence (RFE)
Unsuccessfully Addressed
The RFE requested additional evidence on the substantive nature of the Petitioner's proposed endeavor. In response, the Petitioner submitted a new professional plan outlining her focus on digital transformations in financial services, strategic business planning, and the use of advanced technologies like blockchain and AI. However, the response did not sufficiently address how these plans would achieve national importance.
RFE Targets
The proposed endeavor has both substantial merit and national importance
The Petitioner proposes to work in the United States as a financial manager, providing specialized services in relationship management, investment, people management, and financial departments to benefit financial institutions and clients. Her work would involve data analytics, business intelligence, financial planning, and forecasting, aiming to boost operational efficiency and growth in the U.S. banking sector and enhance societal welfare.
The Petitioner proposes to work as a finance technologist, enhancing her employer's financial landscape. Her proposed endeavor in financial management aims to contribute to national initiatives by helping U.S. companies adopt strategies to expand operations, reduce costs, and create more jobs, thereby benefiting the overall U.S. economy.
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.
The petitioner proposes to operate a financial management firm providing strategic planning and financial efficiency services to small and medium-sized businesses in the United States. The endeavor aims to address a perceived shortage of financial professionals and empower clients to drive growth through improved financial health.
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.
