dismissed EB-2 (NIW)

Paralegal And An Entrepreneur

Legal And Commercial Advising · Brazil · 2024-07-23

Decision Date
2024-07-23
Location
Utah
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 develop a legal consulting firm specializing in legal and commercial advising, specifically offering services in the niche area of international trade. The endeavor aims to address challenges in the legal industry through an entrepreneurial methodology and unique expertise.

Framework Evaluation

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

The Director found this prong met based on the petitioner's background, though the AAO expressed reservations.

2 Substantial Merit and National Importance Not Met

The endeavor has substantial merit but lacks evidence of national importance or significant prospective impact on the U.S. economy or legal field.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor under the first Dhanasar prong. While a business plan projected $15.1 million in revenue and 28 jobs, these figures lacked independent corroborating evidence, and the impact was deemed limited to future clients rather than the industry or economy at large.

Evidence

Evidence Types
Reference Letters Dependent
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: 2024-07-23.

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At a Glance

Outcome dismissed
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

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