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dismissed EB-2 (NIW) RFE Issued

Legal Consultant

Legal Consulting Services Sector · 2024-06-04

Decision Date
2024-06-04
Location
Texas
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 independent legal consultant and immigration paralegal, providing services in international logistics, supply chain solutions, and immigration-related visa processing. She also expressed intent to open a licensed visa and immigration consulting firm in Texas to assist individuals and businesses with U.S. citizenship and global marketplace issues.

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 national importance as it did not show impact beyond the prospective employer.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy the first prong of the Dhanasar framework, specifically regarding national importance. The decision noted that while the endeavor had substantial merit, the petitioner did not provide evidence of broader implications, significant job creation, or substantial positive economic effects beyond her immediate employers. The USCIS also declined to consider the plan to open a new business as it was a material change introduced only in response to the RFE.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE sought to establish eligibility for the EB-2 classification and the national interest waiver; the petitioner responded with a new business plan for an immigration firm.

RFE Targets
Substantial Merit and National Importanceprong 2prong 3

Evidence

Evidence Types
Reference Letters Dependent
Media Coverage

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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: 2024-06-04.

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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

Related Pages

EB-2 (NIW) Overview All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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