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dismissed EB-2 (NIW)

Legal Professional Specialist

Law · Brazil · 2024-12-13

Decision Date
2024-12-13
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 collaborate with other legal professionals to address legal issues for the Brazilian and American population as a legal professional specialist or serve as a legal policy consultant. This work would involve areas such as tax reform legislation, intellectual property protection for technology companies, commercial law, public administration and prison system, and alternative dispute resolution.

Framework Evaluation

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

The petitioner failed to demonstrate that her proposed endeavor's prospective impact rises to the level of national importance, specifically not showing her services extend beyond clients or offer substantial positive economic effects for the U.S.

2 Well-Positioned to Advance the Endeavor Not Met

While the petitioner presented evidence like education, experience, and recommendation letters related to this prong, the decision implies it was not sufficiently established or addressed in the context of the appeal's dismissal based on Prong 1.

3 Benefit to the US to Waive Job Offer and Labor Certification Not Met

The decision does not explicitly discuss the third Dhanasar prong, focusing primarily on the petitioner's failure to meet the first prong, thus implying this prong was also not met or sufficiently argued.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to demonstrate that her proposed endeavor met the first prong of the Dhanasar framework, specifically regarding national importance. USCIS found insufficient evidence that her conciliation and mediation services would extend beyond her clients to affect the field of alternative dispute resolution more broadly, or that her endeavor would create U.S. jobs or offer substantial positive economic effects. The Petitioner's arguments and evidence, such as her law degree, work experience, certifications, and letters of recommendation, were deemed relevant to the second prong but did not address the deficiencies identified for the first prong.

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions

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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: 2024-12-13.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 2

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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