Visalytics
Visalytics
dismissed EB-2 (NIW) RFE Issued

Registered Foreign Legal Consultant

Californian Legal Community · United Kingdom · 2023-07-24

Decision Date
2023-07-24
Location
California
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 registered foreign legal consultant in California, providing regulated legal advice and assistance on the law of England and Wales. The work focuses on private international law and conflicts of law, specifically addressing cross-border legal disputes, transactions, and trade agreements.

Framework Evaluation

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

The petitioner did not specify how her legal advice would have implications beyond benefit to individual clients or significant impact on the field.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy the first Dhanasar prong, specifically lacking evidence of the endeavor's national importance or broader implications beyond individual clients. Additionally, the petitioner failed to submit the required uncertified partial labor certification forms (ETA-750B or 9089) as mandated by 8 C.F.R. § 204.5(k)(4)(ii). The decision also noted that evidence of authorization to practice law in France was obtained after the filing date and thus could not establish eligibility at the time of filing.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested a specific description of the endeavor and required forms; the petitioner provided general practice areas but failed to demonstrate national importance.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent

Similar Cases

Consultant

Legal Services · Brazil

USCIS EB-2 (NIW) dismissed
2024-05-20
The petitioner proposes to work as a legal consultant specializing in labor, civil, and social security law to assist U.S. businesses and individuals navigating the Brazilian market. He intends to advise on legal documentation, negotiations, and contracts for companies establishing branches in Brazil.

Consultant

Legal Services · Brazil

USCIS EB-2 (NIW) dismissed
2025-01-21
The petitioner proposes to work as a managing partner of her consulting firm, advising U.S. companies seeking to enter the Brazilian market on legal requirements, financial planning, and cross-border business expansion.

Consultant

Legal Services · Brazil

USCIS EB-2 (NIW) rfe dismissed
California 2024-07-10
The petitioner proposes to work as a legal consultant specializing in civil and international private law, specifically focusing on international contracts between the U.S. and Latin American entities. She aims to provide specialized services in logistics, infrastructure, banking, insurance, and real estate while introducing AI-driven jurimetrics to navigate legal landscapes.

Consultant

Legal Services · Brazil

USCIS EB-2 (NIW) rfe dismissed
Florida 2023-05-04
The petitioner proposes to establish a legal consultancy in Florida to support small and medium-sized U.S. enterprises in implementing internationalization strategies and exporting products. She aims to help U.S. companies navigate the Brazilian business environment, tax, and contractual law norms while attracting foreign direct investment from Latin America.

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.

Browse More Cases

More dismissed cases More Legal Services cases More cases from United Kingdom

Case data sourced from publicly available petition decisions and case studies. Decision date: 2023-07-24.

Browse all cases

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

Related Pages

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

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist