dismissed EB-2 (NIW)

Financial Manager

Financial Manager · 2025-01-21

Decision Date
2025-01-21
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's proposed endeavor involves her business and future clients, with the aim to impact her field, other industries, or the U.S. economy more broadly. The specifics of the endeavor are not detailed beyond its general scope.

Framework Evaluation

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

The petitioner failed to establish that her proposed endeavor was of national importance, as she did not provide evidence demonstrating that it extends beyond her business and future clients to impact the field, other industries, or the U.S. economy more broadly.

Why This Petition Was Denied

The motion to reopen was dismissed because the Petitioner did not present new facts with the potential to change the outcome, as the submitted articles (SBA press release, Forbes article) were general and did not address the specifics of her endeavor. The motion to reconsider was dismissed because the Petitioner failed to establish that the prior decision was based on an incorrect application of law or policy, specifically regarding the application of the Dhanasar framework's first prong on national importance. USCIS found that the Petitioner did not provide specific, probative evidence that her endeavor had broader implications or substantial positive economic effects, and her reliance on professional experience was applicable to the second prong, not the first.

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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: 2025-01-21.

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At a Glance

Outcome dismissed
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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