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dismissed EB-2 (NIW)

Chief Executive Officer

Expert Witness Services And Country Condition Reports · Brazil · 2024-06-27

Decision Date
2024-06-27
Location
Massachusetts
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 business in Massachusetts to provide expert witness services and country condition reports to non-profit organizations, law firms, and individual immigration applicants, specifically focusing on Brazilian and Latin American victims of domestic violence and human trafficking. Additionally, she intended to offer market analysis advisory services to investors and businesses.

Framework Evaluation

1 of 3 criteria met
1 Well-positioned to Advance the Endeavor Met

The Director determined the Petitioner was well-positioned based on her Ph.D. in history and expertise.

2 Substantial Merit and National Importance Partially Met

The endeavor has substantial merit but lacks national importance as it primarily benefits the petitioner's clients rather than the field or economy at large.

3 On Balance, Beneficial to Waive Job Offer Not Met

Since the first prong was not met, the Petitioner could not establish that a waiver would be beneficial on balance.

Why This Petition Was Denied

The appeal was dismissed primarily because the Petitioner did not meet the first prong of the Dhanasar framework. The AAO found that the endeavor lacked national importance as it did not have broader implications for the immigration or human rights fields and did not demonstrate a substantial economic impact. Because the first prong was not met, the third prong (balancing the waiver) could not be satisfied.

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: 2024-06-27.

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At a Glance

Outcome dismissed
Criteria Met 1 / 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

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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