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dismissed EB-2 (NIW)

Market Research Analyst And Financial Analyst

Market Research, Financial · 2025-02-26

Decision Date
2025-02-26
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 initially proposed to work as a financial development director for a company. Later, a new business plan was submitted indicating an intent to open his own business, which was deemed a material change to the proposed endeavor.

Framework Evaluation

1 of 3 criteria met
1 Petitioner is well-positioned to advance the proposed endeavor Met

The Director determined that the petitioner is well-positioned to advance the proposed endeavor.

2 Proposed endeavor has substantial merit and national importance Not Met

The Director found substantial merit but the AAO concluded the petitioner did not establish national importance, especially after a material change in the proposed endeavor.

3 On balance, it would benefit the US to waive the job offer and labor certification requirements Not Met

The Director determined the petitioner did not establish that it would benefit the U.S. to waive the job offer requirement. The AAO reserved its decision on this prong in the initial appeal.

Why This Petition Was Denied

The motion to reopen was dismissed due to no new facts or supporting documentation. The motion to reconsider was dismissed because the petitioner failed to demonstrate that the prior appellate decision was based on an incorrect application of law or policy. Specifically, the AAO found the petitioner's proposed endeavor lacked national importance, noting a material change in the endeavor from the initial filing to the appeal, and that the work would not have sufficiently broad implications or introduce novel methodologies beyond direct client impact. The AAO also clarified that a final merits determination was not required as the petitioner was already deemed an advanced degree professional.

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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: 2025-02-26.

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At a Glance

Outcome dismissed
Criteria Met 1 / 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,814
Success Rate 53.6%
Sustained 2,046
Dismissed 1,672

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