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dismissed EB-2 (NIW) RFE Issued

Attorney And Tax Law Specialist

Legal And Tax Consulting · Colombia · 2023-12-12

Decision Date
2023-12-12
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 open a company offering legal and tax preparation consulting services to help small and medium-sized U.S. firms improve operations, productivity, and profitability. The endeavor also includes opening a branch of a medical equipment company to increase the supply of oxygen therapy equipment and bridging commercial relations between Colombia and the U.S.

Framework Evaluation

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

While the endeavor had substantial merit, it lacked evidence of prospective impact or broader implications for the field to establish national importance.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not establish the national importance of the endeavor (Prong 1). The professional plan lacked marketing strategies, personnel projections, and financial metrics to prove substantial economic impact or job creation.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested specific insight into the proposed endeavor; the petitioner provided a professional plan and an expert letter which were ultimately deemed insufficient.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Media Coverage
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.

Browse More Cases

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2023-12-12.

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At a Glance

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

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

Related Pages

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

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