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dismissed EB-2 (NIW) RFE Issued

Financial Consultant And Entrepreneur

Financial Services Industry · Brazil · 2024-08-23

Decision Date
2024-08-23
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 financial consultant and operate her own firm, providing financial and investment planning advice to individuals and businesses. Her endeavor aims to contribute to the national economy and the financial services industry.

Framework Evaluation

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

USCIS found that the petitioner's proposed work has substantial merit but did not establish national importance, as the evidence did not show broader implications beyond her business or significant potential to employ U.S. workers or substantial positive economic effects.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of her proposed endeavor under Dhanasar's first prong. While the endeavor had substantial merit, the evidence did not show broader implications for the financial services industry or the U.S. economy beyond her own business and clientele. The projected creation of 18 direct jobs and 65 indirect jobs lacked sufficient evidence-based justification, and financial projections of $1.5 million gross profit and $122,227 net profit by year five were not objectively substantiated to indicate national importance. The Director did not reach the second and third Dhanasar prongs.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested additional evidence regarding the national importance of the proposed endeavor. The petitioner responded with industry reports and government policy statements, but these were deemed insufficient as they did not specifically relate to her proposed endeavor or its claimed national importance.

RFE Targets
Proposed endeavor has both substantial merit and national importance

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions
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: 2024-08-23.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 4

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

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