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dismissed EB-2 (NIW)

Legal Analyst And Entrepreneur

Legal Consultancy Services In Various Legal Fields Including Labor Law, Environmental Law, And Tax · 2024-08-12

Decision Date
2024-08-12
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 analyst and entrepreneur, offering legal consultancy services in various fields such as labor law, environmental law, and tax through her company. The endeavor aims to boost revenue and profit for businesses, create jobs, and impact the economy.

Framework Evaluation

1 of 3 criteria met
1 Petitioner is well positioned to advance the proposed endeavor Met

The Director acknowledged that the Petitioner is well-positioned to advance the proposed endeavor, and this finding was not overturned by the AAO.

2 Proposed endeavor has both substantial merit and national importance Not Met

The proposed endeavor was found to have substantial merit, but the Petitioner failed to sufficiently demonstrate its national importance, as the impact was not shown to extend broadly beyond her company and clients.

3 On balance, it would be beneficial to the United States to waive the job offer and labor certification requirements Not Met

The Director concluded that, on balance, it would not be beneficial to the United States to waive the requirements. The AAO declined to reach this prong as the first prong was dispositive.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to demonstrate the national importance of her proposed endeavor under the first prong of the Dhanasar framework. While the Director acknowledged substantial merit and the petitioner being well-positioned (Prong 2 met), the AAO found insufficient evidence that the endeavor's prospective impact would extend beyond her company and clientele to broadly impact the legal consulting field or the U.S. economy at a national level. The Petitioner's projections of 37 direct employees and $3,456,337.50 in revenue by year five lacked sufficient detail and corroborating evidence to establish substantial positive economic effects or broad job creation.

Evidence

Evidence Types
Reference Letters Independent
Commercial Success
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: 2024-08-12.

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At a Glance

Outcome dismissed
Criteria Met 1 / 3
Evidence Types 3

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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