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dismissed EB-2 (NIW)

Financial Manager

Financial, Tax, And Accounting Consulting · Brazil · 2024-07-16

Decision Date
2024-07-16
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 establish a financial, tax, and accounting consulting business in Florida to provide services to U.S. start-up businesses in the retail and service segments, specifically helping them navigate Brazilian laws to facilitate investment and expansion into the Brazilian market.

Framework Evaluation

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

While the endeavor has substantial merit, it lacks national importance as it primarily benefits the petitioner's specific clients rather than the field or U.S. economy more broadly.

2 Well-positioned to Advance the Endeavor Not Met

The AAO reserved further discussion as the failure of Prong 1 was dispositive, though the Director originally found this prong unmet.

3 On Balance, Beneficial to Waive Job Offer Not Met

The AAO declined to reach this argument after finding Prong 1 was not met.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor. The projected job creation (15 direct, 27 indirect) and tax revenue ($112,000 over five years) were deemed insufficient to demonstrate a significant impact on the U.S. economy or the industry at large.

Evidence

Evidence Types
Business Plan
Articles
Industry Reports
Academic Records

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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: 2024-07-16.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 4

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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