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dismissed EB-2 (NIW)

CFO

Consulting Firm For U.S. Banks And Financial Institutions Interested In Entering The Brazilian Market · Brazil · 2025-03-14

Decision Date
2025-03-14
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 operating a consulting firm offering Business-to-Business (B2B) consulting services to U.S. banks and financial institutions seeking to enter the Brazilian market. This includes providing practical strategies to enhance sales and market reach, training mortgage specialists on client engagement and efficient application processes, and advising customers on mortgage loan applications.

Framework Evaluation

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

The petitioner failed to demonstrate that her specific consulting services had national importance, as the submitted evidence did not sufficiently link her endeavor to a broader impact beyond her future clients.

2 The individual is well positioned to advance the proposed endeavor. Not Met

While the Director initially concluded this prong was met, the AAO reserved opinion, noting it was unclear if the petitioner's background as a business lawyer in Brazil made her well-positioned for a mortgage consulting CEO role.

3 On balance, it would benefit the United States to waive the requirements of a job offer and a labor certification. Not Met

The AAO did not provide an analysis for this prong, stating that the failure to meet the first prong was dispositive of the appeal.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy the first prong of the Dhanasar framework, specifically regarding the national importance of her proposed endeavor. The evidence, including industry articles, reference letters, and an expert opinion letter, did not sufficiently link the petitioner's specific consulting services to a broader national impact. The business plan projected 21 employees and a net income of $875,748 with $207,671 in payroll taxes by the fifth year, but lacked evidence-based justifications for these projections or how the company would achieve them. The AAO also reserved opinion on Prong 2 and did not analyze Prong 3.

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions
Commercial Success
Expert Opinion Letter
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.

Browse More Cases

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2025-03-14.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 5

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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