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dismissed EB-2 (NIW) RFE Issued

International Financial Specialist

Financial Sector · 2024-08-26

Decision Date
2024-08-26
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 continue working as an international financial specialist, applying his knowledge to stimulate the financial sector through negotiations regarding market exchange rates and providing customized financial solutions to clients. His endeavor involves specialized services in Foreign Exchange Operations and Fraud Prevention, aiming to innovate the financial sector by implementing powerful tools and techniques to manage currency risk, increase profitability, prevent financial losses due to fraudulent activities.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

USCIS found that while the proposed endeavor had substantial merit, the petitioner failed to demonstrate its national importance. The evidence did not show that the prospective impact of his endeavor would extend beyond potential clients or employers to a level sufficient to demonstrate national importance, nor did it show significant job growth or substantial positive economic effects.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to demonstrate that his proposed endeavor had national importance, a requirement of the first prong of the Dhanasar framework. The Director and AAO found insufficient evidence to show the prospective impact of his endeavor would extend beyond potential clients or employers to a level commensurate with national importance. The Petitioner did not demonstrate significant job growth or substantial positive economic effects, and a shortage in the financial analyst field alone was deemed insufficient to establish national importance.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested additional evidence to demonstrate the national importance of the proposed endeavor. The petitioner responded with an updated professional plan, new reference letters, and information related to his employment and income, asserting that his specialized services in foreign exchange operations and fraud prevention would benefit businesses and the U.S. economy.

RFE Targets
The proposed endeavor has both substantial merit and national importance

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions
Media Coverage
High Salary
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: 2024-08-26.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 5

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

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