dismissed EB-2 (NIW)

Business And Financial Consultants

Business Consulting And Hospital Consulting · Brazil · 2024-07-18

Decision Date
2024-07-18
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 petitioner proposes to create a company pursuing two lines of business: business consulting focused on international trade between the United States and Brazil, and hospital consulting providing expertise in Patient Blood Management (PBM). The endeavor aims to implement PBM as a healthcare strategy to impact hospital organizational structures, IT departments, and supply chains.

Framework Evaluation

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

Evidence of professional memberships and presentations supported the petitioner's positioning.

2 Substantial Merit and National Importance Not Met

The endeavor lacked evidence of broad impact or substantial positive economic effects beyond the petitioner's immediate clients.

Why This Petition Was Denied

The motion was dismissed because the petitioner failed to establish the national importance of the endeavor under the first Dhanasar prong. USCIS found that the work would primarily benefit the business's own employees and clients rather than having broader implications for the field or the U.S. economy. Additionally, the petitioner failed to provide specific evidence of projected job creation or substantial economic impact.

Evidence

Evidence Types
Professional Memberships
Conference Presentations

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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: 2024-07-18.

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At a Glance

Outcome dismissed
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

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