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dismissed EB-2 (NIW) RFE Issued

Lawyer

Legal Consulting Services Sector · Brazil · 2024-07-03

Decision Date
2024-07-03
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 consulting company to serve as a guide for Brazilians undertaking ventures in the U.S. and Americans investing in Brazil. The endeavor focuses on consulting in tax, labor, contractual, public, and commercial law to help companies navigate foreign transactions and strategic business development.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Partially Met

The endeavor was found to have substantial merit but lacked sufficient evidence of national importance or substantial prospective impact.

Why This Petition Was Denied

The appeal was dismissed primarily because the Petitioner failed Prong 1 of the Dhanasar framework; specifically, he did not show that his endeavor's impact would be commensurate with national importance. Although he projected creating 15 jobs and generating $5.746 million in revenue, these figures were deemed insufficient to show a substantial economic effect on the $400 billion legal services industry.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE sought evidence regarding the national importance of the proposed legal consulting services. The Petitioner provided a business plan and an expert letter in response.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Media Coverage
Reference Letters Dependent
Government Alignment
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: 2024-07-03.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 4

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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