dismissed EB-2 (NIW) RFE Issued

Financial Manager And Entrepreneur

Financial Manager And Entrepreneur · 2024-11-15

Decision Date
2024-11-15
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 an endeavor to help minimize corruption in the expenditure of a company's money. This endeavor also aims to have national implications in the financial industry by generating direct and indirect jobs and stimulating the investment of foreign companies on American soil.

Framework Evaluation

0 of 3 criteria met
1 Proposed endeavor has substantial merit and national importance Not Met

The petitioner's endeavor was found not to have national importance because its prospective impact would not sufficiently extend beyond her prospective clients to impact the industry or field more broadly, nor did the business plan's projections for revenue and job creation establish a national scale.

Why This Petition Was Denied

The motion to reconsider was dismissed because the petitioner failed to demonstrate that the previous appellate decision was based on an incorrect application of law or policy. The AAO reiterated that the petitioner's endeavor did not establish national importance, as its prospective impact would not sufficiently extend beyond her prospective clients to impact the industry more broadly. The business plan's projections for revenue and job creation were found to be insufficiently explained and not on a scale rising to national importance, thus failing to meet the Dhanasar framework for national importance.

Request for Evidence (RFE)

Unsuccessfully Addressed

The petitioner asserted that there were multiple errors in the procedure and facts that went into the RFE of the petition and the Decision. However, the AAO's review on motion was limited to its latest appellate decision, and it did not re-adjudicate the RFE itself.

RFE Targets
Proposed endeavor has substantial merit and national importance

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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: 2024-11-15.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3

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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