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 an entrepreneur/business consultant in legal consulting, offering services to Brazilian companies interested in doing business with or in the United States, and to U.S. companies interested in doing business with or in Brazil. This includes customs consulting to facilitate export/import between the two countries, aiming to strengthen commercial ties and reduce costs for American and Brazilian buyers.
Framework Evaluation
0 of 3 criteria met
1The proposed endeavor has both substantial merit and national importanceNot Met
The Director and AAO agreed the endeavor had substantial merit but found insufficient evidence to demonstrate national importance, as the benefits did not extend beyond the immediate business or impact the U.S. economy broadly enough.
Why This Petition Was Denied
The appeal was dismissed because the petitioner failed to establish the national importance of her proposed endeavor under the first Dhanasar prong. While the endeavor had substantial merit, USCIS found insufficient evidence to demonstrate that her legal consulting services would have broader implications beyond her immediate clients or employers, or that her financial projections (gross revenue of $9,172,560.00, net revenue of $8,631,561.00, payroll expenses of $4,351,101.00, and U.S. taxes of $633,206.00) were supported by corroborating evidence. The job creation estimates were also not specific enough to demonstrate national importance.
Request for Evidence (RFE)
Unsuccessfully Addressed
The RFE requested a detailed description of the proposed endeavor and an explanation of its national importance with documentary evidence. The petitioner responded with a business plan, letters, and financial projections, but these were found to lack corroborating evidence and specific details linking them to national importance.
RFE Targets
The proposed endeavor has both substantial merit and national importance
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.
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.
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.
The petitioner proposes to work as a legal consultant specializing in civil and international private law, specifically focusing on international contracts between the U.S. and Latin American entities. She aims to provide specialized services in logistics, infrastructure, banking, insurance, and real estate while introducing AI-driven jurimetrics to navigate legal landscapes.
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.
