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dismissed EB-2 (NIW) RFE Issued

Business Management Consultant

Business Management Consultant · Brazil · 2022-09-07

Decision Date
2022-09-07
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 work as a business management consultant specializing in organizing, analyzing, and planning business operations. He intends to implement process improvements, continuous improvement (CI) techniques, and digital transformation strategies to help U.S. companies increase efficiency and revenue growth.

Framework Evaluation

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

The Director found the petitioner was likely well-positioned based on his professional background and past achievements.

2 Substantial Merit and National Importance Not Met

The endeavor has substantial merit but lacks evidence of national importance beyond the immediate interests of the petitioner's clients.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not establish the national importance of his endeavor (Prong 1). While he demonstrated past success, such as helping a pharmaceutical company open 68 branches and reduce costs by R$ 22 million, the impact was deemed localized to his specific clients rather than the field or nation as a whole.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence of national importance; the petitioner provided more reference letters and articles on digital transformation.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Media Coverage

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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: 2022-09-07.

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At a Glance

Outcome dismissed
RFE Issued
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

Related Pages

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

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