dismissed EB-2 (NIW)

Judicial Law Clerk, International Trade Consultant

International Trade Consulting Services ยท 2024-08-06

Decision Date
2024-08-06
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 Judicial Law Clerk and simultaneously offer international trade consulting services to firms in the United States and abroad. The specific details of how these two roles would be balanced and contribute to a unified endeavor were not clarified.

Framework Evaluation

0 of 3 criteria met
1 Proposed endeavor has substantial merit and national importance Not Met

The petitioner did not sufficiently establish how her proposed endeavor, combining judicial law clerk duties and international trade consulting, would have substantial merit and national importance, particularly regarding the allocation of her time between these roles.

Why This Petition Was Denied

The motion to reconsider was dismissed because the petitioner failed to establish that the prior decision was based on an incorrect application of law or policy. The petitioner did not clarify how her proposed dual endeavor (Judicial Law Clerk and international trade consultant) would have substantial merit and national importance, specifically regarding the apportionment of her time, thus failing to satisfy the first Dhanasar prong.

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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: 2024-08-06.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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