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dismissed EB-2 (NIW) RFE Issued

Consultant

Financial Services And Accounting · 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 to work as a consultant in financial services and accounting through his company, offering services such as tax preparation, tax and financial planning, bookkeeping, business formation, public accounting, auditing, financial investigation, forensics, education, and training. He also plans to incorporate generative artificial intelligence into his tax technology strategy and provide notary public services.

Framework Evaluation

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

The AAO affirmed the Director's finding that the petitioner failed to establish the national importance of his endeavor, as its impact was limited to individual clients and companies.

2 The individual is well-positioned to advance their proposed endeavor Not Met

The Director determined this prong was met, but the AAO reserved its review of this determination, thus not fully affirming it.

3 On balance, waiving the job offer requirement would benefit the United States Not Met

The AAO declined to reach the petitioner's arguments regarding this prong because the first prong was not established, effectively upholding the Director's initial finding that it was not met.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of his proposed endeavor under the first Dhanasar prong. The Director and AAO found that the impact of the endeavor was limited to individual clients and companies, not reaching a national level. The AAO reserved judgment on the second and third prongs because the first prong was not met.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE noted deficiencies in the record regarding the national interest waiver, specifically concerning the first and third Dhanasar prongs. The petitioner responded by submitting a brief and six letters of intent, but these were deemed insufficient to establish national importance.

RFE Targets
The proposed endeavor has both substantial merit and national importanceOn balance, waiving the job offer requirement would benefit the United States

Evidence

Evidence Types
Reference Letters Dependent
Commercial Success
Government Alignment

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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
Evidence Types 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

Related Pages

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