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dismissed EB-2 (NIW)

Legal Consultant

Legal Consultant · Brazil · 2025-01-21

Decision Date
2025-01-21
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 managing partner of her consulting firm, advising U.S. companies seeking to enter the Brazilian market on legal requirements, financial planning, and cross-border business expansion.

Framework Evaluation

0 of 3 criteria met
1 Proposed endeavor has substantial merit and national importance Not Met

The petitioner failed to demonstrate that her proposed endeavor had broader implications for the consulting services industry, U.S. economy, or international trade beyond her immediate clients, thus lacking national importance.

Why This Petition Was Denied

The motions to reopen and reconsider were dismissed because the petitioner failed to provide new facts or demonstrate an incorrect application of law or policy. Specifically, the petitioner did not establish eligibility as an advanced degree professional due to insufficient evidence of five years of progressive experience, and critically, failed to demonstrate that her proposed endeavor had national importance as required by the first Dhanasar prong, lacking specific U.S. economic impact or job creation projections.

Evidence

Evidence Types
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: 2025-01-21.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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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