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dismissed EB-2 (NIW) RFE Issued

Legal Analyst

Legal Profession And Business · 2024-08-07

Decision Date
2024-08-07
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 initially proposed to work as a legal analyst to assist U.S. companies and individuals with corporate law, labor law, and international transactions and negotiations between countries with different legal systems. Later, in response to an RFE, the petitioner asserted plans to start a legal tech company developing AI tools for law firms and to offer cybersecurity services to the U.S. Government, but these were deemed new facts not considered for eligibility.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

The proposed endeavor was found to have substantial merit but lacked national importance, as it did not demonstrate broader implications beyond serving individual clients or organizations.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the first Dhanasar prong: that the proposed endeavor has national importance. The USCIS found that the petitioner's initial proposed endeavor as a legal analyst did not demonstrate broader implications beyond serving clients. New assertions made in response to the RFE, such as founding a legal tech company or providing cybersecurity services to the government, were considered material changes and new facts not present at the time of filing, thus not establishing eligibility. USCIS reserved opinion on the second and third prongs.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE prompted the petitioner to introduce new material facts, specifically plans to found a legal tech company and provide cybersecurity services to the government, which were not part of the original petition and thus could not establish eligibility.

RFE Targets
Substantial Merit and National Importance

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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: 2024-08-07.

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At a Glance

Outcome dismissed
RFE Issued
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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