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dismissed EB-2 (NIW) RFE Issued

Accounting And Tax Specialist

Tax And Accounting Services · 2024-02-26

Decision Date
2024-02-26
Location
Florida
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 intends to work with small- and medium-sized businesses to help them comply with reporting obligations and strategically use profits and investments to increase business capacity and employment. He aims to optimize operations, reduce costs, and improve financial performance for his clients.

Framework Evaluation

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

The Director determined the Petitioner was well-positioned based on his 20 years of experience and professional qualifications.

2 Substantial Merit and National Importance Partially Met

The endeavor was found to have substantial merit but lacked evidence of national importance or broader implications beyond the Petitioner's specific clients.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Petitioner did not demonstrate that the benefits of his work outweighed the need for a labor certification.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to meet Prong 1 of the Dhanasar framework; specifically, he did not show the national importance of his work. While he has over 20 years of experience and a bachelor's degree plus five years of experience, the evidence submitted (expert letters and industry reports) was too general and did not demonstrate broader implications for the field or significant economic effects.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to support all three Dhanasar prongs. The Petitioner provided an updated personal statement and an expert opinion letter, but failed to satisfy the national importance requirement.

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

Evidence

Evidence Types
Reference Letters Independent

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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: 2024-02-26.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 3
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

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

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