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dismissed EB-2 (NIW) RFE Issued

Attorney, Global Tax Consultant/Military Instructor, Tax, Labor, And Corporate Law Attorney

Legal Field, Tax Law, Business And Tax Law, Military Science · Brazil · 2024-12-04

Decision Date
2024-12-04
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 intends to establish a legal consulting company in the United States, focusing on global tax, labor, and corporate law, as well as military science. This endeavor aims to provide specialized legal consulting services.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish eligibility for the underlying EB-2 classification. For the advanced degree professional category, the Petitioner did not submit letters from employers documenting five years of progressive post-baccalaureate experience as required. For the exceptional ability category, while the Petitioner met three of six criteria (academic degrees, a license to practice law in Brazil, and membership in the Brazilian BAR Association), the totality of evidence did not demonstrate a degree of expertise significantly above that ordinarily encountered in the field, as the testimonial letters lacked specific probative detail and the industry reports did not discuss the Petitioner's achievements.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested additional evidence regarding the Petitioner's eligibility for EB-2 classification. The Petitioner responded by submitting a business plan and claiming exceptional ability, but failed to provide the required employer letters documenting progressive post-baccalaureate experience for the advanced degree claim.

Evidence

Evidence Types
Academic Degree
Professional Licenses
Professional Memberships
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: 2024-12-04.

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At a Glance

Outcome dismissed
RFE Issued
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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