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dismissed EB-2 (NIW) RFE Issued

Lawyer Specializing In International Taxation

International Tax And Legal Consulting Services Sector · Brazil · 2023-05-25

Decision Date
2023-05-25
Location
Florida
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 and lead a new international tax and legal consulting firm in Florida. The firm would provide expert advice to U.S. inbound corporations and American outbound investors, focusing on structuring investments between the U.S. and Brazil in a tax-efficient manner. Additionally, the endeavor includes providing international tax education and training through workshops and seminars.

Framework Evaluation

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

The endeavor has substantial merit but lacks national importance as it does not show broader implications for the field or substantial economic impact.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of his endeavor (Prong 1). While the Petitioner holds an LL.M. and is an S.J.D. candidate, his business projections of hiring 49 employees and generating $4.3 million in revenue were deemed insufficient to show a substantial economic effect on the $331 billion legal industry or the specific HUBZone regions.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE questioned the Petitioner's eligibility for EB-2 and the national interest waiver; the Petitioner provided a business plan and expert testimony in response.

RFE Targets
Substantial Merit and National Importanceprong 2prong 3

Evidence

Evidence Types
Reference Letters Dependent
Media Coverage
Government Alignment

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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: 2023-05-25.

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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 3,816
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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