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dismissed EB-2 (NIW)

Attorney

Conciliation And Mediation Company · Brazil · 2024-07-31

Decision Date
2024-07-31
Location
Florida
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 start a conciliation and mediation company in Florida to provide alternative dispute resolution services. The project aims to help public and private companies, individuals, and government agencies efficiently solve problems and improve legal and business critical situations. The methodology involves using a modern system of face-to-face or web-based meetings to resolve conflicts.

Framework Evaluation

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

The endeavor's impact was found to be limited to the petitioner's clients rather than the field or industry at large.

2 Well-positioned to Advance the Endeavor Not Met

The record lacked evidence of interest from potential users or a track record of success that influenced the industry.

3 Waiver Benefit to the United States Not Met

The petitioner did not establish that the national interest in her work was sufficiently urgent to bypass the labor certification process.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy any of the three Dhanasar prongs. While she holds an advanced degree and has a successful career in Brazil, her business plan lacked corroborating evidence for economic projections, and her recommendation letters did not address the specific U.S. endeavor. The AAO found the proposed work did not rise to the level of national importance.

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions

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Consultant

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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: 2024-07-31.

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At a Glance

Outcome dismissed
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

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

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