dismissed EB-2 (NIW)

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Consultancy And Assistance In The General Personal Regularization Of Immigrants And The Development Of Latino Immigrant Businesses · Brazil · 2024-05-06

Decision Date
2024-05-06
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 operate a consultancy business in Florida providing assistance with personal regularization for immigrants and advising on the development of Latino immigrant businesses. The work focuses on legal compliance, business efficiency, and economic growth for the immigrant community.

Framework Evaluation

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

The endeavor has substantial merit but lacks evidence of national importance or broad economic impact.

2 Well Positioned to Advance the Endeavor Not Met

The petitioner lacks a record of success in business ventures and has made little progress toward starting the proposed business.

3 On Balance Benefit to the U.S. Not Met

The petitioner did not establish that waiving the labor certification would benefit the U.S. on balance.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed Dhanasar prongs 1 and 2. While she is a qualified lawyer in Brazil with published articles and media citations, she provided no objective evidence for staffing projections, no proof of business registration or funding, and failed to show how her specific consultancy would have a broad regional or national impact.

Evidence

Evidence Types
Media Coverage
Reference Letters Dependent
Original Contributions

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Consultant

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Lawyer

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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: 2024-05-06.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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