dismissed EB-2 (NIW) RFE Issued

Mergers And Acquisitions Professional

Oil And Gas Industry · Russia · 2024-06-21

Decision Date
2024-06-21
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 in an executive role within a U.S. private equity fund, investment bank, or consulting firm focusing on Mergers & Acquisitions (M&A) in the international oil and gas sector. He intends to identify and vet entities for acquisition, develop inorganic growth policies, and ensure legal compliance for transactions to enhance U.S. energy security and GDP.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Partially Met

The endeavor was found to have substantial merit but lacked sufficient evidence to establish national importance.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to meet the national importance element of Prong 1. Although he holds an MBA and has significant experience in the Russian oil market, he did not provide a detailed plan or objective evidence showing how his specific work would create the 'thousands of jobs' claimed or impact the field more broadly than his employer.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested a detailed description of the endeavor and its national importance. The petitioner provided expert letters and attorney statements but no specific plan or objective evidence of broader impact.

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: 2024-06-21.

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

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