dismissed EB-2 (NIW) RFE Issued

KYC Strategies Consultant

Financial Services Company · 2024-12-18

Decision Date
2024-12-18
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 proposes to work as a KYC strategies consultant, developing KYC strategies for customer onboarding, addressing customer data management, due diligence, and preventing money laundering. He also plans to launch an independent endeavor as a KYC/anti-money laundering (AML) entrepreneur and/or strategies consultant, focusing on creating a single industry standard and solution for U.S.-based sports betting companies to prevent money laundering and exploring opportunities in sports integrity to detect and deter fraud and game manipulation.

Framework Evaluation

1 of 3 criteria met
1 The individual is well-positioned to advance their proposed endeavor Met

The Director determined that the Petitioner is well-positioned to advance the proposed endeavor under Dhanasar's second prong, though the AAO reserved judgment and did not provide an analysis for this finding.

2 The proposed endeavor has both substantial merit and national importance Not Met

The AAO found that the Petitioner did not demonstrate the national importance of his proposed endeavor, concluding that his claims lacked sufficient detail and objective evidence to show broader impact beyond his direct clients or employers.

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

The Director determined that, on balance, it would not be beneficial to the United States to waive the job offer requirement under Dhanasar's third prong, though the AAO reserved judgment.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to demonstrate the national importance of his proposed endeavor under the first prong of the Dhanasar framework. The AAO found that the evidence, including industry articles and recommendation letters, did not sufficiently detail how his specific endeavor as a KYC strategies consultant would impact the field, economy, or national security more broadly beyond benefiting his prospective employers and clients. The Petitioner's claims lacked objective, probative evidence to support a broader national impact, and merely working in an important field or one subject to government regulations was deemed insufficient.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director requested further evidence to support the Petitioner's claims regarding all three Dhanasar prongs. The Petitioner responded by providing more details about his proposed endeavor, including his intention to become an independent KYC/AML entrepreneur focusing on the sports betting industry.

RFE Targets
The proposed endeavor has both substantial merit and national importanceThe individual is well-positioned to advance their proposed endeavorOn balance, waiving the job offer requirement would benefit the United States

Evidence

Evidence Types
Reference Letters Dependent

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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: 2024-12-18.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 3
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

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

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