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dismissed EB-2 (NIW) RFE Issued

Market Research Analyst And Financial Analyst

Market Research And Financial Services · 2024-09-24

Decision Date
2024-09-24
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 provide market research and financial services, aiming to instigate innovation and drive sustainable economic growth. The initial business plan outlined goals such as technology-driven market research, rapid adaptation to online marketing, ethical framework integration in financial analysis, and collaborative market entry support for U.S. companies in CIS.

Framework Evaluation

1 of 3 criteria met
1 The individual is well-positioned to advance their proposed endeavor Met

USCIS acknowledged that the petitioner was well-positioned to advance the proposed endeavor.

2 The proposed endeavor has both substantial merit and national importance Not Met

USCIS found the endeavor had substantial merit but failed to demonstrate national importance, as its impact was not shown to extend beyond individual clients or have broader industry implications.

3 On balance, waiving the job offer requirement would benefit the United States Not Met

USCIS reserved its opinion on this prong, as the petitioner failed to establish eligibility for the first prong, making a finding on the third prong unnecessary.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the proposed endeavor, which is the first prong of the Dhanasar framework. While the Director acknowledged substantial merit and that the petitioner was well-positioned, the evidence did not sufficiently demonstrate that the specific undertaking would have an impact beyond individual clients or broader implications for the market research and financial industries. The petitioner also failed to provide sufficient evidence of significant potential to employ U.S. workers or offer substantial positive economic effects.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence to establish the national interest waiver, particularly regarding the national importance of the proposed endeavor. The petitioner responded with an updated business plan, which was not considered due to material changes to the proposed endeavor.

RFE Targets
The proposed endeavor has both substantial merit and national importance

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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: 2024-09-24.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 3

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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