dismissed EB-2 (NIW) RFE Issued

Entrepreneur In The Area Of Business And Corporate Law

Business And Corporate Law · Kazakhstan · 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 operate a legal consulting firm providing civil law consulting services for American investors interested in Kazakhstan. The endeavor aims to facilitate U.S. investment in Kazakhstan's energy sector and other markets to enhance bilateral national relations and diplomatic cooperation.

Framework Evaluation

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

The endeavor was found to have substantial merit but lacked evidence of national importance or broader impact on the field.

Why This Petition Was Denied

The appeal was dismissed primarily due to invalid signatures on the Form I-290B and Form G-28, which appeared to be electronically transposed images rather than original handwritten signatures. Additionally, the petitioner failed Dhanasar's first prong because he provided only generalized claims about economic impact and alignment with the America COMPETES Act without probative evidence of national importance.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to support the national importance of the endeavor; the petitioner provided a business plan that the Director deemed insufficient and generalized.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
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
RFE Issued
Criteria Met 0 / 3
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

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