dismissed EB-2 (NIW) RFE Issued

Legal Consultant

Legal Consulting · Brazil · 2024-07-24

Decision Date
2024-07-24
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 Florida-based legal consulting firm providing corporate business advisory, tax law consulting, and customs compliance services. The firm aims to assist Brazilian companies expanding into the U.S. market and U.S. companies expanding into Brazil and Latin America.

Framework Evaluation

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

The petitioner did not show that the endeavor's economic impact would reach a level of national importance or provide substantial regional benefits.

Why This Petition Was Denied

The motion was dismissed because the petitioner failed to provide new facts establishing the national importance of the endeavor. Specifically, the evidence did not demonstrate that the legal services for a niche market of Brazilian investors would result in substantial positive economic effects or significant U.S. worker employment.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE and subsequent NOID requested evidence to support the national importance of the endeavor. The petitioner provided updated plans and client letters, but these failed to show broad impact on the legal field.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions

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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: 2024-07-24.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 2

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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