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dismissed EB-2 (NIW) RFE Issued

Finance Manager

Financial Services · Brazil · 2024-01-26

Decision Date
2024-01-26
Location
Florida
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 operate a financial consulting agency in Florida specializing in services for Latin American and Brazilian companies, as well as small and medium-sized U.S. businesses. The endeavor aims to provide well-informed advice, attract foreign investment, and navigate market changes for its clients.

Framework Evaluation

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

The endeavor has substantial merit but lacks evidence of national importance or significant economic impact beyond a limited client base.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the proposed endeavor under the first Dhanasar prong. Although a business plan projected the creation of 41 jobs, these figures were deemed insignificant within the broader industry, and the plan was created after the filing date. The evidence provided, including an advisory opinion and industry reports, focused on the general importance of the field rather than the specific prospective impact of the petitioner's individual endeavor.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested a detailed description of the endeavor and evidence of national importance. The petitioner submitted a business plan for a future consulting agency.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Media Coverage

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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: 2024-01-26.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

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

Related Pages

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

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