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dismissed EB-2 (NIW)

Attorney

Legal Industry · 2024-11-12

Decision Date
2024-11-12
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 start a law firm, with the aim of providing immigration paralegal and legal advisory services, preparing civil and criminal law petitions, appearing in court, and preparing individuals for immigration interviews. The Petitioner plans to "provide services to a broad range of business subjects within the industry."

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

The AAO found that while the Director determined the endeavor had substantial merit, the Petitioner failed to establish its national importance, as the evidence did not show broader implications or significant national economic effects.

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. Although the Director found substantial merit, the AAO agreed that the evidence did not show broader implications, significant potential to employ U.S. workers, or substantial positive economic effects beyond the Petitioner's own clients. The Petitioner's claims of generating over five million dollars in wages over five years and creating 34 direct jobs in Massachusetts, Washington, and Ohio were not supported by corroborating evidence to establish their significance at a national level.

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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: 2024-11-12.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3

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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