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dismissed EB-2 (NIW) RFE Issued

Founder/CEO

Personal Finance And Entrepreneurship Consultant · Brazil · 2024-04-25

Decision Date
2024-04-25
Location
Brazil
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 establish and operate a U.S.-based company, C-F-A-LLC, providing accounting, tax, contract management, and financial consulting services. The endeavor aims to educate individuals and small-to-medium enterprises on financial matters to support their market competitiveness and long-term development.

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 national importance.

Why This Petition Was Denied

The appeal was dismissed primarily because the petitioner did not demonstrate that the proposed endeavor has national importance; the impact was found to be limited to the petitioner's clients rather than the field at large. Although the petitioner held an advanced degree and the endeavor had substantial merit, she failed to provide specific evidence of broader economic effects or significant job creation. The record also contained inconsistencies regarding her intent to start a business versus seeking employment as an accounting assistant.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence for EB-2 qualification and all three Dhanasar prongs; the petitioner provided updated business plans and letters, but failed to satisfy the national importance requirement.

RFE Targets
Substantial Merit and National Importanceprong 2prong 3

Evidence

Evidence Types
Business Plan
Expert Opinion Letter
Letters Of Recommendation
Industry Reports
Resume
Educational Documentation

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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: 2024-04-25.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 6

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 Brazil All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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