dismissed EB-2 (NIW)

Lawyer, Lead The Company

Consulting Firm, Brazilian Law · 2025-02-06

Decision Date
2025-02-06
Location
Florida, United States
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 establish a consulting firm in the United States to advise U.S.-based businesses interested in entering the Brazilian market. The firm will focus on providing advice on Brazilian law to businesses and individuals involved in trading and direct foreign investment projects.

Framework Evaluation

0 of 3 criteria met
1 Proposed endeavor has substantial merit and national importance Not Met

The petitioner did not establish that the proposed endeavor has significant potential to employ U.S. workers, substantial positive economic effects, or national/global implications within his field.

Why This Petition Was Denied

The petition was dismissed because the petitioner failed to establish the national importance of the proposed endeavor under Dhanasar's first prong. Specifically, the business plan lacked sufficient explanation for economic projections, including revenue and job creation, and did not demonstrate the company would operate on a scale indicating national significance. The motions to reopen and reconsider were dismissed as they did not present new facts or establish legal/factual error in the prior decision.

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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: 2025-02-06.

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At a Glance

Outcome dismissed
Criteria Met 0 / 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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