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dismissed EB-2 (NIW) RFE Issued

Legal Consultant

Commercial Law, Also Known As Mercantile Law Or Trade Law · 2024-09-19

Decision Date
2024-09-19
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 legal consultant specializing in commercial law, mercantile law, or trade law. Her endeavor involves advising and providing legal consulting services with expertise in Bids and Contracts, particularly in Public Law and the legal procurement process through Public Bids. She also intends to take the American bar examination to practice law in the U.S. and assist American citizens with high-performance legal services.

Framework Evaluation

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

The Director found the endeavor had substantial merit but lacked sufficient evidence to demonstrate national importance, as its impact did not extend broadly enough beyond individual clients or employers.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy the first prong of the Dhanasar framework, which requires demonstrating both substantial merit and national importance. The Director found insufficient evidence that the endeavor's prospective impact extended beyond individual clients or employers to a level of national importance, specifically noting a lack of demonstration of significant job growth or substantial positive economic effects. Consequently, the second and third prongs were not evaluated.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence to demonstrate the national importance of the proposed endeavor. The petitioner responded with an updated professional plan, resume, new reference letter, and information on employment/income, arguing her expertise contributes to economic growth and job creation.

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

Evidence

Evidence Types
Reference Letters Independent
Reference Letters Dependent

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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: 2024-09-19.

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

Related Pages

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