dismissed EB-2 (NIW)

Fiscal Analyst

Fiscal Analysis And International Tax Consulting · Brazil · 2024-04-29

Decision Date
2024-04-29
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 work as an international tax consultant for American companies by establishing and operating her own company in Florida. The firm intends to provide financial advice, tax management, financial research, and sales projections through a team of professionals.

Why This Petition Was Denied

The appeal was dismissed because the petitioner met only two of the six criteria for exceptional ability (academic record and ten years of experience), failing to meet the required three. Specifically, she failed to prove her salary demonstrated exceptional ability compared to peers and her professional memberships did not meet the regulatory definition of a 'profession' requiring a U.S. baccalaureate degree.

Evidence

Evidence Types
Awards
High Salary
Professional Memberships
Original Contributions

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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: 2024-04-29.

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At a Glance

Outcome dismissed
Evidence Types 4

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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