dismissed EB-2 (NIW)
Chief Executive Officer (CEO)
Risk Management And Internal Auditing Services · 2025-03-28
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 serve as CEO of a New York-based consultancy offering risk management and internal auditing services aimed at small and medium-sized businesses. The services aim to help companies navigate financial risks, improve compliance with regulatory standards, and ensure financial stability.
Framework Evaluation
0 of 3 criteria met1 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 the company and its clients, and economic projections were not sufficiently substantial or corroborated.
Why This Petition Was Denied
The appeal was dismissed because the Petitioner failed to meet the first prong of the Dhanasar framework, specifically regarding the national importance of the endeavor. While the endeavor had substantial merit, the Petitioner did not sufficiently demonstrate that its impact would extend beyond the company and its clients to have national or global implications. Projected job creation (11 direct, 31 indirect by Year 5) and sales growth ($381,250 in Year 1 to $791,500 in Year 5) were not corroborated with sufficient evidence to show substantial economic benefits commensurate with national importance. USCIS also found that merely working in an important field is insufficient to establish national importance, and the petitioner's claim of an 'innovative' risk-based approach was not demonstrated to be current innovation in the U.S. or to have broader implications.
Evidence
Evidence Types
Reference Letters Dependent
Commercial Success
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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
Case data sourced from publicly available petition decisions and case studies. Decision date: 2025-03-28.
Browse all casesAt a Glance
Outcome dismissed
Criteria Met 0 / 3
Evidence Types 2
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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