dismissed EB-2 (NIW) RFE Issued

Accountant/Entrepreneur

Forensic Tax Services, International Accounting, And Tax Preparation · Brazil · 2024-07-25

Decision Date
2024-07-25
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 an accounting and tax firm (F-T-C-) focused on providing forensic tax services, international accounting, and cryptocurrency transaction compliance. The work aims to facilitate economic correspondence between American companies and the Latin American market, specifically Brazil, while reducing fraud and liabilities.

Framework Evaluation

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

The endeavor has substantial merit but lacks evidence of national importance or substantial positive economic effects.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not establish the national importance of the endeavor; specifically, she failed to show that the prospective impact of her consulting services would extend beyond her clientele to the broader industry. Although she projected hiring 77 employees and reaching $6.3 million in revenue by year five, she did not demonstrate that these figures would result in substantial positive economic effects for the U.S. or an economically depressed area.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to establish the national importance of the endeavor; the petitioner responded by elaborating on foreign investment initiatives and tax planning.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
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: 2024-07-25.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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