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dismissed EB-2 (NIW)

Legal Consultant

Legal Services Consulting · Brazil · 2024-10-10

Decision Date
2024-10-10
Location
Florida, USA
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 found a startup legal services consulting company based in Florida, aiming to employ 13 individuals within the first five years of operations. The endeavor intends to provide consulting services with claimed broader implications for the consulting services industry, U.S. economy, and international trade.

Framework Evaluation

0 of 3 criteria met
1 Proposed endeavor has substantial merit and national importance Not Met

The record does not establish the proposed endeavor will have national importance, lacking evidence of broader implications for the consulting services industry, U.S. economy, and international trade beyond the petitioner's business and clientele. Staffing and financial projections also lacked evidence-based justifications.

2 Petitioner is well-positioned to advance the endeavor Not Met

USCIS reserved judgment on this prong, stating it was unnecessary to the ultimate decision after finding the first prong was not met.

3 On balance, it would benefit the US to waive the job offer and labor certification requirements Not Met

USCIS reserved judgment on this prong, stating it was unnecessary to the ultimate decision after finding the first prong was not met.

Why This Petition Was Denied

The motion to reopen and reconsider was dismissed because the petitioner failed to demonstrate that the proposed endeavor has national importance, as required by the first Dhanasar prong. USCIS found a lack of evidence for broader implications beyond the petitioner's business and clientele, and insufficient justification for staffing and financial projections. The second and third Dhanasar prongs were not evaluated as the first prong was dispositive. The petitioner also failed to establish qualification as a member of professions holding an advanced degree.

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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: 2024-10-10.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3

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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