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dismissed EB-2 (NIW) RFE Issued

Legal Tax Consultant

Legal Services Industry · Brazil · 2024-06-11

Decision Date
2024-06-11
Location
Utah
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 act as a legal analyst and Legal Tax Consultant for North American and Brazilian trade companies. He plans to direct the operations of a U.S.-based provider of tax consulting and advisory services to help enterprises ensure compliance with laws and regulations.

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 beyond the petitioner's specific clients.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor (Prong 1). While the endeavor had merit, the petitioner did not provide evidence that his specific work would impact the industry more broadly or create substantial economic effects, and his financial/staffing projections lacked supporting detail.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence of eligibility for the waiver; the petitioner provided a new business plan with updated projections, which was deemed a material change after filing.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
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: 2024-06-11.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 2

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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