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dismissed EB-2 (NIW) RFE Issued

Lawyer

Bankruptcy Law · 2025-02-18

Decision Date
2025-02-18
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 beneficiary proposes to work as a bankruptcy lawyer for individual clients, providing pro bono representation and publishing a 'Letter Series' to offer insights to debtors. The initial petition did not include policy and legislative work or public advocacy, which were later introduced in an RFE response but not considered.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

The proposed endeavor, focusing on bankruptcy law for individual clients and a letter series, was found to lack national importance as it would not have a broader impact on the field beyond individual clients or demonstrate substantial positive economic effects.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to demonstrate the national importance of the proposed endeavor under the first Dhanasar prong. USCIS found that the beneficiary's work for individual clients and a letter series would not have a broader impact on the bankruptcy and student loan forgiveness field, nor would it create significant U.S. jobs or substantial positive economic effects. Evidence submitted after the initial filing, such as media articles and work product, was not considered for establishing eligibility at the time of filing.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence regarding the proposed endeavor's national importance. The petitioner responded by attempting to introduce new aspects of the endeavor, such as policy advocacy and public awareness, which were not considered by USCIS as they constituted a material change to the initial petition.

RFE Targets
The proposed endeavor has both substantial merit and national importance

Evidence

Evidence Types
Peer Reviewed Publications
Original Contributions

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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: 2025-02-18.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,815
Success Rate 53.6%
Sustained 2,046
Dismissed 1,673

Related Pages

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

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