dismissed EB-2 (NIW)

Chief Financial Officer

Supply Chain Advisory Services To Mining, Manufacturing, And Oil And Gas Businesses · 2024-07-08

Decision Date
2024-07-08
Location
United States
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 serve as the Chief Financial Officer for a consulting company providing supply chain advisory services and mining consumables to businesses in the mining, manufacturing, and oil and gas sectors. The work involves managing financial operations to address supply chain issues and support the growth of the consulting firm and its clients.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

The endeavor lacks national importance as its impact is limited to the company's clients and does not offer substantial positive economic effects.

2 Well-positioned to Advance the Endeavor Not Met

The Director found this prong unmet; the AAO declined to reach a full de novo conclusion as Prong 1 was already failing.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Director found this prong unmet; the AAO reserved judgment as the petitioner failed the first prong.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor (Prong 1). Specifically, the business plan's projections of creating 13 jobs and generating $120,905 in net profit by year five were deemed insufficient to show substantial positive economic effects, and the work was found to primarily benefit the employer's clients rather than the field at large.

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: 2024-07-08.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 2

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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