dismissed EB-2 (NIW) RFE Issued

Lawyer And Entrepreneur

Consulting And Advisory Services Focused On The Internationalization Of Business Between Brazil And The United States · Brazil · 2024-07-19

Decision Date
2024-07-19
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 create and lead a limited liability company providing consulting and advisory services focused on the internationalization of business between Brazil and the United States. The company would provide strategic planning, market analysis, regulatory advice, human resources consulting, and training.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Partially Met

The endeavor was found to have substantial merit but failed to demonstrate national importance.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor under the first Dhanasar prong. Specifically, the projected employment of six workers and net profits of approximately $1.18 million by the fifth year were not considered to have substantial positive economic effects of national importance.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested more information on the proposed endeavor's impact. The petitioner provided a business plan with updated financial projections and articles on the consulting market.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Media Coverage
Business Plan

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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: 2024-07-19.

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

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