dismissed EB-2 (NIW)

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Legal Services / Consulting · Brazil · 2024-07-17

Decision Date
2024-07-17
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 consulting firm in Florida to advise U.S.-based businesses and individuals on Brazilian law for trade and direct foreign investment projects. The endeavor aims to facilitate the expansion of American companies into the Brazilian market through professional legal and regulatory guidance.

Framework Evaluation

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

The endeavor has substantial merit but lacks evidence of national importance or broader implications for the field.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not meet the first Dhanasar prong regarding national importance. Although the business plan projected employing 17 individuals by the fifth year and a net profit of $103,995, these figures were deemed insufficient to show substantial positive economic effects or a broad impact on the field.

Evidence

Evidence Types
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: 2024-07-17.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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