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dismissed EB-2 (NIW) RFE Issued

Entrepreneur In The Fields Of Tax, Accounting, And Financial Services Consulting

Tax, Accounting, And Financial Services Consulting · 2024-07-19

Decision Date
2024-07-19
Location
California
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 a consulting business in California offering expert tax planning, preparation, and meticulous bookkeeping services. The endeavor includes strategic financial consulting for small corporations, self-employed businesses, and individuals to assist in growth objectives and IRS representation.

Framework Evaluation

1 of 3 criteria met
1 Well-positioned to Advance the Endeavor Met

The Director acknowledged the petitioner is well-positioned to advance the endeavor.

2 Substantial Merit and National Importance Partially Met

The endeavor has substantial merit but lacks national importance as it does not impact the field more broadly.

3 On Balance, Beneficial to Waive Job Offer Not Met

The AAO reserved judgment on this prong as the failure of prong 1 was dispositive.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor (Prong 1). Although the petitioner is an advanced degree professional and well-positioned (Prong 2), the business plan's economic projections were inconsistent and failed to show substantial positive economic effects or significant job creation beyond a few staff members.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to satisfy the three Dhanasar prongs; the petitioner provided a business plan and industry articles regarding accountant shortages.

RFE Targets
Substantial Merit and National ImportanceWell-positioned to Advance the EndeavorOn Balance, Beneficial to Waive Job Offer

Evidence

Evidence Types
Reference Letters Dependent
Professional Memberships

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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: 2024-07-19.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 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

Related Pages

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

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