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dismissed EB-2 (NIW) RFE Issued

Finance Manager

Financial Management · 2024-09-09

Decision Date
2024-09-09
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 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.

Framework Evaluation

0 of 3 criteria met
1 Prong 1: Whether the proposed endeavor has substantial merit and national importance. Not Met

The Director concluded the proposed endeavor had substantial merit but determined the Petitioner did not establish its national importance. The AAO affirmed this, noting insufficient evidence of broader implications, potential to employ U.S. workers, or enhancement of societal welfare, and no demonstration of economic benefits to a depressed area.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of her specific proposed endeavor under the first prong of the Dhanasar framework. The Director found insufficient evidence that the endeavor had broader implications, significant potential to employ U.S. workers, or would broadly enhance societal welfare. The Petitioner also did not demonstrate that her endeavor would be pursued in an economically depressed area, employ a significant population, or bring substantial positive economic benefits to a region. As the first prong was not met, the second and third prongs were not evaluated.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued two Requests for Evidence (RFE). In response to the first RFE, the Petitioner submitted a professional declaration stating she was hired as a financial planning and analysis manager. In response to the second RFE, she asserted she joined as a finance technologist in March 2023. The RFE process clarified her role and proposed endeavor.

RFE Targets
Prong 1: Whether the proposed endeavor has substantial merit and national importance.prong 3

Evidence

Evidence Types
Reference Letters Independent

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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: 2024-09-09.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 1

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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