dismissed EB-2 (NIW)

Attorney And Investment Consultant

Investment Consulting · Brazil · 2024-06-28

Decision Date
2024-06-28
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 an investment consulting business in Florida to work with foreign Brazilian investors, facilitating investments across various industries including real estate and affordable housing construction.

Framework Evaluation

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

The Petitioner did not demonstrate that the prospective impact of his specific endeavor, rather than the industry in general, rises to the level of national importance.

Why This Petition Was Denied

The motion to reopen and reconsider was dismissed because the Petitioner failed to provide new facts or establish that the prior decision incorrectly applied law or policy. The AAO maintained that the endeavor did not meet the national importance requirement under the first prong of Dhanasar, as the business plan's projections did not show significant potential to employ U.S. workers or provide substantial economic effects to a depressed area.

Evidence

Evidence Types
Reference Letters Dependent
Government Alignment
Business Plan

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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: 2024-06-28.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 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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