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dismissed EB-2 (NIW) RFE Issued

Legal Analyst

Legal Services Market · Brazil · 2023-10-23

Decision Date
2023-10-23
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 company specializing in Brazilian tax law to provide expert advice to U.S. companies looking to expand into Brazil or South American markets. The work involves legal due diligence, minimizing legal risks in developing markets, and advising on international laws to facilitate smooth business transitions.

Framework Evaluation

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

The endeavor has substantial merit but lacks national importance as it does not show broader implications beyond the petitioner's own business and clients.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to meet Prong 1, specifically lacking evidence of national importance. While she holds an advanced degree and has 10 years of experience, her business plan's projections of 11 employees and $1.4 million in revenue were considered unsupported and failed to show broader implications for the field beyond her specific clients.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to satisfy all three Dhanasar prongs. The petitioner responded with a business plan and additional reports, but the Director found the evidence insufficient to show national importance or that she was well-positioned.

RFE Targets
Substantial Merit and National Importanceprong 2prong 3

Evidence

Evidence Types
Reference Letters Dependent
Media Coverage
Government Alignment

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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: 2023-10-23.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 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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