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dismissed EB-2 (NIW) RFE Issued

Business Consultant

Management Consulting Industry · Brazil · 2024-09-09

Decision Date
2024-09-09
Location
Massachusetts
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 direct and oversee the operation of a "business consulting agency that will operate from the state of Massachusetts" and will offer "expert business consulting services to small and medium-sized companies in need of a business plan and business model development, strategic consulting and financial business process outsourcing (BPO) services."

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

USCIS found that while the endeavor had substantial merit, the petitioner failed to demonstrate national importance, as the evidence did not show a broader impact beyond direct clients or substantial positive economic effects on the U.S. economy or job creation.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to demonstrate national importance under the first prong of the Dhanasar framework. The Director found insufficient evidence to show the endeavor's broader impact beyond direct clients, significant potential to employ U.S. workers, or substantial positive economic effects. The business plan projected 42 employees by the fifth year and $3.4 million in operating expenses, but lacked details on funding sources beyond $40,000 paid-in capital and $53,000 cash, and did not include contractual work or investment commitments from interested individuals.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence to demonstrate the national importance of the proposed endeavor. The Petitioner responded with a personal statement outlining his intent to impact various U.S. sectors and letters from individuals expressing interest in working with his company, but these were deemed insufficient to establish national importance.

RFE Targets
The proposed endeavor has both substantial merit and national importance

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions
Commercial Success
Business Plan
Education
Professional Experience

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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: 2024-09-09.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 6

EB-2 (NIW) Case Data

Scraped Case Data

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

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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