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dismissed EB-2 (NIW)

Accountant

Tax Consulting Services Company · 2024-11-26

Decision Date
2024-11-26
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 operate a tax consulting services company and develop an application designed to simplify tax compliance for entrepreneurs, small business owners, individual taxpayers, foreign investors, government agencies, and educational institutions. This application aims to increase compliance and efficiency, enhance user experiences, broaden public administration impact, and increase foreign investment.

Framework Evaluation

0 of 3 criteria met
1 Proposed endeavor has substantial merit and national importance Not Met

USCIS found that while the petitioner's endeavor of operating a tax consulting services company has substantial merit, it did not establish national importance, failing to demonstrate substantial economic benefits or broader implications beyond immediate client benefits.

Why This Petition Was Denied

The motion to reopen and reconsider was dismissed because the petitioner failed to establish new facts warranting reopening or demonstrate an error of law or policy in the prior decision. The original denial was based on the petitioner not meeting Dhanasar's first prong, as the tax consulting endeavor, while meritorious, lacked national importance and broader implications beyond immediate client benefits. New evidence regarding a tax compliance application was not considered as it represented a material change after filing, and even if considered, did not sufficiently demonstrate national importance.

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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: 2024-11-26.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3

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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