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dismissed EB-2 (NIW) RFE Issued

Accountant In The Field Of Information Technology (IT)

Information Technology (IT) · 2024-06-18

Decision Date
2024-06-18
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 work as an accountant providing IT-applied services to taxation and accounting, specifically developing and implementing automation systems for accounting processes. The work aims to reduce operating costs and tax exposure for U.S. companies through systemic automation and cloud computing migration.

Framework Evaluation

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

The endeavor has substantial merit but the petitioner did not demonstrate that the work has broader implications or substantial positive economic effects beyond his immediate clients.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his endeavor under the first Dhanasar prong. Although he qualified as an advanced degree professional, he did not provide objective evidence of significant job creation or substantial economic effects, and his training activities were found to benefit only his specific trainees rather than the industry broadly.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to support the national importance of the endeavor; the petitioner responded by highlighting his expertise in tax systems and potential benefits to the IRS.

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: 2024-06-18.

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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

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