dismissed EB-2 (NIW) RFE Issued

Legal Practitioner

Corporate Governance With A Particular Focus On Environmental, Social, And Governance (ESG) Matters · 2024-10-24

Decision Date
2024-10-24
Location
U.S.-based
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 work as a legal practitioner in corporate governance, focusing on environmental, social, and governance (ESG) matters. The endeavor involves developing innovative legal frameworks and guiding corporations towards sustainable and responsible practices to enhance U.S. competitiveness, attract ethical investors, contribute to carbon footprint reduction, and promote long-term economic growth and social stability.

Framework Evaluation

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

While the substantial merit of the endeavor was established, the national importance was not. The specific endeavor was deemed too vague and lacked evidence of broader implications beyond the petitioner's employer and clients, failing to meet the standard for national importance.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of their specific endeavor under the first Dhanasar prong. USCIS found the proposed endeavor too vague and lacking evidence of broader implications beyond benefits to the employer and clients. The decision noted that the importance of ESG and the corporate legal field in general does not equate to the national importance of the Petitioner's specific work, and no specific economic benefits or job creation were demonstrated.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested additional information regarding the national importance of the proposed endeavor. The petitioner responded by clarifying their role in developing legal frameworks for ESG, but this response was deemed insufficient to establish national importance.

RFE Targets
The proposed endeavor has both substantial merit and national importance

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions
Government Alignment
Media Coverage

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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: 2024-10-24.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 4

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

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