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dismissed EB-2 (NIW) RFE Issued

Attorney

Financial Service Sector · 2024-04-18

Decision Date
2024-04-18
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 initially proposed to build a legal career as a tax expert in sustainable investment and establish a private equity firm for renewable energy infrastructure. In response to an RFE, the endeavor shifted to operating a distributor of biogas digesters and executive management of a community savings bank.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

The petitioner failed to consistently articulate the nature of the endeavor, making material changes that rendered the proposal ill-defined.

Why This Petition Was Denied

The appeal was dismissed because the petitioner materially changed the proposed endeavor from a legal professional to a business owner/financier in response to the RFE, which is not permitted. Consequently, the petitioner failed to consistently articulate a specific endeavor, failing the first prong of the Dhanasar framework.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE sought to clarify the national importance and positioning of the petitioner; the petitioner responded by shifting the endeavor from legal consulting to biogas distribution and bank management.

RFE Targets
Substantial Merit and National Importanceprong 2prong 3

Evidence

Evidence Types
Reference Letters Dependent
Government Alignment
Original Contributions

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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: 2024-04-18.

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At a Glance

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

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,814
Success Rate 53.6%
Sustained 2,046
Dismissed 1,672

Related Pages

EB-2 (NIW) Overview All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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