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dismissed EB-2 (NIW) RFE Issued

Legal Consultant

Legal Consulting · Brazil · 2024-06-18

Decision Date
2024-06-18
Location
United States
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 plans to open a legal consulting firm to advise U.S. companies seeking to enter the Brazilian market on legal requirements, labor regulations, and financial planning. She aims to facilitate cross-border business expansion by helping clients navigate legal hurdles and ensuring regulatory compliance.

Framework Evaluation

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

The endeavor lacked evidence of broader implications for the industry or significant potential to employ U.S. workers.

Why This Petition Was Denied

The Petitioner failed to prove five years of progressive post-degree experience for EB-2 status, as reference letters lacked specific dates and duties. Additionally, the proposed endeavor lacked national importance because it did not show significant potential for U.S. job creation or broader economic impact beyond the Petitioner's own firm.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence of qualifying professional experience and the national importance of the proposed endeavor. The Petitioner provided reference letters and business projections that were deemed insufficient.

RFE Targets
Substantial Merit and National Importanceeb2 qualification

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: 2024-06-18.

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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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