dismissed EB-2 (NIW)

Financial Management Consultant And Accountant

Financial Services And Accounting · 2024-07-10

Decision Date
2024-07-10
Location
Massachusetts
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 open and operate a financial consulting firm in the United States. She intends to assist U.S. companies with financial decision-making, operational streamlining, productivity improvements, and expansion efforts into Latin America.

Framework Evaluation

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

The endeavor's impact was found to be limited to the petitioner's clients rather than the field or economy at large.

2 Well-positioned to Advance the Endeavor Not Met

The Director found this prong unmet; the AAO reserved opinion but noted the Director's negative finding.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Director found this prong unmet; the AAO reserved opinion as the first prong was not satisfied.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not establish the national importance of her endeavor under the first Dhanasar prong. While she provided a business plan for three offices over five years, she failed to show that her specific business activity or staffing levels would result in substantial positive economic effects or a significant market share.

Evidence

Evidence Types
Reference Letters Dependent
Business Plan
Articles Published About The Field

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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: 2024-07-10.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

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