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dismissed EB-2 (NIW) RFE Issued

Foreign Legal Consultant

Legal Consultancy / Cross-Border Transactions · Brazil · 2023-09-22

Decision Date
2023-09-22
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 foreign legal consultant providing support and consultancy to American companies wishing to invest in the Brazilian market, assisting with cross-border transactions, compliance with Brazilian law, legal risk analysis, and mediation/arbitration for disputes.

Framework Evaluation

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

The Director previously found the petitioner well-positioned in an RFE.

2 Substantial Merit and National Importance Partially Met

The endeavor has substantial merit but lacks national importance as its impact is limited to individual clients.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his endeavor. While the work has substantial merit, the evidence (industry reports and personal statements) did not demonstrate that his specific consultancy would have a broad impact on the field or significant economic effects beyond his individual clients.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence for the Dhanasar prongs. The response satisfied prong 2 but failed to provide specific evidence of national importance for prong 1.

RFE Targets
Substantial Merit and National ImportanceWell-positioned to Advance the Endeavor

Evidence

Evidence Types
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: 2023-09-22.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 3
Evidence Types 1

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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