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dismissed EB-2 (NIW) RFE Issued

Lawyer

Law Firm And Legal Services Markets · Brazil · 2024-04-29

Decision Date
2024-04-29
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 international business consulting and contracts company to provide legal advisory services to U.S. businesses expanding to Latin America and vice versa. She intends to serve as CEO and Lead Law Consultant, focusing on international trade contracts, tax, and the legal environment in Brazil.

Framework Evaluation

1 of 3 criteria met
1 Well-positioned to Advance Endeavor Met

The Director originally found the Petitioner met this prong, though the AAO did not re-evaluate it in depth.

2 Substantial Merit and National Importance Not Met

While the endeavor had substantial merit, it lacked evidence of broader implications or substantial economic effects necessary for national importance.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of her endeavor; specifically, she did not prove that her firm's projected $2.144 million revenue or 30 employees would have a substantial economic impact on the $331.4 billion legal services industry. While she held an advanced degree and had experience as a labor lawyer in Brazil, her expertise related to the second prong rather than the national importance of the work itself.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE challenged the Petitioner's qualifications and the national interest waiver criteria; the Petitioner responded with a detailed business plan and industry reports.

RFE Targets
Substantial Merit and National ImportanceWell-positioned to Advance Endeavorprong 3

Evidence

Evidence Types
Reference Letters Dependent
Media Coverage

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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: 2024-04-29.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 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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