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 bilateral service relationship, performing legal services in areas such as real estate law, property law, intellectual property law, commercial law, company law, and citizenship law, in addition to providing investment advice. The services are intended for individuals and companies seeking to establish a company, invest, apply for government incentives, apply for intellectual property rights, or obtain citizenship, serving clients in Turkey, the U.S., and other countries. The petitioner also plans to specialize in comprehensive legal consulting services, including corporate law, international trade, immigration, intellectual property, refugee, and pro bono legal advice, with an aim to support foreign entities in understanding and fulfilling regulatory requirements.
Framework Evaluation
0 of 3 criteria met
1Proposed endeavor has both substantial merit and national importanceNot Met
The Director found the endeavor had substantial merit, but the AAO concluded the Petitioner did not establish national importance. The petitioner's arguments about industry shortages and job creation were deemed insufficient to demonstrate broader national impact beyond client benefit.
Why This Petition Was Denied
The appeal was dismissed because the Petitioner failed to establish that the proposed endeavor had national importance, as required by the first prong of the Dhanasar framework. The Director and AAO found that arguments regarding general demand for legal practitioners or an industry shortage addressed substantial merit, not national importance. The projection of 29 jobs within 5 years was not adequately supported, lacking details on labor hours or how these jobs in New Jersey would have substantial economic effects. The letters of recommendation, while praising competence, lacked specificity regarding national importance.
Request for Evidence (RFE)
Unsuccessfully Addressed
The RFE targeted the lack of evidence for the national importance of the proposed endeavor. The petitioner responded with a business plan elaborating on legal services and job projections, but the AAO found this response inadequate to demonstrate national importance.
RFE Targets
Proposed endeavor has both substantial merit and national importance
The Petitioner proposes to establish an international business consulting and contracts company to provide legal advisory services to U.S. businesses expanding to Latin America and vice versa. She intends to serve as CEO and Lead Law Consultant, focusing on international trade contracts, tax, and the legal environment in Brazil.
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.
The petitioner proposes to work as a legal consultant specializing in labor, civil, and social security law to assist U.S. businesses and individuals navigating the Brazilian market. He intends to advise on legal documentation, negotiations, and contracts for companies establishing branches in Brazil.
The petitioner proposes to work as a law consultant for corporations seeking to expand their business with Latin American companies. He intends to provide guidance on labor, tax, and corporate law to facilitate international business expansion between the U.S. and Brazil.
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.
