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dismissed EB-2 (NIW) RFE Issued

Legal Consultant

Legal Consulting · Brazil · 2023-05-04

Decision Date
2023-05-04
Location
Florida
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 establish a legal consultancy in Florida to support small and medium-sized U.S. enterprises in implementing internationalization strategies and exporting products. She aims to help U.S. companies navigate the Brazilian business environment, tax, and contractual law norms while attracting foreign direct investment from Latin America.

Framework Evaluation

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

While the endeavor had substantial merit, it lacked national importance as it did not show broader implications for the field or the U.S. economy.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not meet the first Dhanasar prong; specifically, she failed to show her work would have substantial positive economic effects or impact the field more broadly. Although she held an advanced degree (foreign equivalent of a bachelor's in law plus five years experience), her business plan's job creation and revenue projections were deemed unsupported by specific evidence.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE sought to establish the national importance of the endeavor; the petitioner provided a business plan and industry reports which the Director found insufficient.

RFE Targets
Substantial Merit and National Importance

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: 2023-05-04.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 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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