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dismissed EB-2 (NIW) RFE Issued

Specialist In Lobbying And Government Relations

Healthcare And Pharmaceutical Industry · Brazil · 2024-08-12

Decision Date
2024-08-12
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 lobbying and legal consulting company, offering a variety of consulting services to its clients, specifically foundations, non-governmental organizations, health plan providers, health organizations, medical and pharmaceutical companies, and health associations, covering different aspects of lobbying and government relations matters.

Framework Evaluation

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

The AAO found the proposed endeavor had substantial merit, but it did not meet the threshold of national importance as the petitioner failed to provide sufficient objective evidence of its broader impact beyond direct clients.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to demonstrate that the proposed endeavor had national importance, thus not meeting the first prong of the Dhanasar framework. While the endeavor had substantial merit, the Petitioner improperly relied on the general importance of the industry rather than providing sufficient objective evidence of the specific endeavor's broader impact. Assertions about job creation (16 direct, 34 indirect by 5th year) and alignment with STEM fields were deemed insufficient to establish national importance beyond direct clients. The AAO also noted a lack of independent evidence for specific proposed actions like supporting patent reforms.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director concluded in the RFE that the Petitioner qualified as a member of the professions holding an advanced degree, but the record did not contain letters from employers as evidence of progressive experience in compliance with 8 C.F.R. § 204.5(g)(l). The AAO reserved the issue of the Petitioner's eligibility for the EB-2 classification.

Evidence

Evidence Types
Reference Letters Dependent

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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: 2024-08-12.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 1

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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