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dismissed EB-2 (NIW) RFE Issued

Legal Consultant

Corporate Consultancy · Brazil · 2023-12-20

Decision Date
2023-12-20
Location
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 operate a legal consultancy firm providing international services between the U.S. and Brazil, specifically assisting American companies with public bids and tax debt compensation in Brazil while helping Brazilian companies invest in the U.S. The endeavor also focuses on tax credit services, litigation representation, and navigating zoning compliance for affordable housing projects.

Framework Evaluation

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

The petitioner failed to show that the specific consultancy services would have an impact reaching the level of national importance or substantial economic effect.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy the first Dhanasar prong regarding national importance. USCIS found that the projected revenue of $890,000 and creation of 6 to 29 jobs were unsubstantiated conjectures that did not demonstrate a scale rising to national importance or substantial positive economic effects beyond the petitioner's immediate clients.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to establish the national importance of the proposed endeavor. The petitioner responded by providing a business plan, revenue projections, and job creation estimates.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Government Alignment
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: 2023-12-20.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,814
Success Rate 53.6%
Sustained 2,046
Dismissed 1,672

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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