dismissed EB-2 (NIW) RFE Issued

Legal Consultant

Legal Consultancy · Brazil · 2024-07-10

Decision Date
2024-07-10
Location
California
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 legal consultant specializing in civil and international private law, specifically focusing on international contracts between the U.S. and Latin American entities. She aims to provide specialized services in logistics, infrastructure, banking, insurance, and real estate while introducing AI-driven jurimetrics to navigate legal landscapes.

Framework Evaluation

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

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

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of her endeavor under the first Dhanasar prong. While she held a Bachelor of Law from Brazil and 5 years of experience, the evidence did not show her specific work would impact the field on a broader level beyond her individual clients.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested more insight into the proposed endeavor to establish national importance; the petitioner provided an updated plan and expert letters.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Peer Reviewed Publications
Reference Letters Dependent

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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: 2024-07-10.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 2

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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