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dismissed EB-2 (NIW) RFE Issued

Entrepreneur Seeking To Provide Financial Services To Financial Institutions

Financial Services · 2024-01-18

Decision Date
2024-01-18
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 operate as an entrepreneur providing financial services to financial institutions. The work aims to optimize investments, support small and medium-sized businesses, improve decision-making, and enhance financial operations.

Framework Evaluation

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

While the endeavor had substantial merit, it lacked national importance as the benefits were limited to the petitioner's clients and employees.

2 Well Positioned to Advance the Endeavor Not Met

The petitioner did not demonstrate that prior performance was a similar effort or a record of success, and the establishment of a company alone did not show sufficient progress.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor (Prong 1) and was not found to be well-positioned to advance it (Prong 2). Specifically, the evidence did not show broader implications for the field beyond the petitioner's clients, and the business plan lacked evidence of actual progress or relevant success metrics.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence regarding the national importance of the proposed endeavor. The petitioner responded with expert analysis and an updated business plan, which the AAO found insufficient.

RFE Targets
Substantial Merit and National Importance

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: 2024-01-18.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 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

Related Pages

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

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