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dismissed EB-2 (NIW) RFE Issued

Chief Financial Officer And Corporate Treasurer

Financial Services Industry · 2025-03-28

Decision Date
2025-03-28
Location
Ohio
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 establish a financial and strategic consulting firm headquartered in Ohio. This firm would offer personalized financial services, including planning, investment management, business consulting, retirement planning, and tax consulting, with a primary focus on understanding and serving the needs of immigrants.

Framework Evaluation

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

The Director found the petitioner well-positioned to advance her endeavor, and this finding was affirmed by the AAO.

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

The petitioner failed to establish the national importance of her specific endeavor, as the evidence did not show a prospective impact extending beyond her clientele or significant positive economic effects at a national level.

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

The AAO declined to make a finding on this prong, as the failure to meet Prong 1 was sufficient to dismiss the appeal.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of her proposed endeavor under the first prong of the Dhanasar framework. USCIS found that the evidence did not sufficiently demonstrate that the prospective impact of her work would extend beyond her clientele to broadly impact the financial services industry or provide substantial positive economic effects, such as significant job creation in a distressed area. Furthermore, the alignment with general government initiatives was deemed insufficient to prove specific national interest in her endeavor.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence and clarification regarding the national importance of the petitioner's proposed endeavor, specifically concerning her business plan, employment and revenue projections, and alignment with national initiatives. The petitioner submitted a business plan and additional arguments, but these were found insufficient to establish national importance.

RFE Targets
The proposed endeavor has both substantial merit and national importance

Evidence

Evidence Types
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: 2025-03-28.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

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