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dismissed EB-2 (NIW) RFE Issued

Patent Attorney

Patent Law · 2024-08-02

Decision Date
2024-08-02
Location
United States
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 be self-employed as a patent attorney offering affordable legal services to innovators and small businesses in the United States. He intends to participate in the USPTO Patent Pro Bono Initiative to provide services to under-resourced inventors and help them protect intellectual property.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Partially Met

The endeavor has substantial merit but lacks national importance as it does not show broader implications beyond individual clients.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his specific endeavor under the first Dhanasar prong. Although he provided evidence of three personal patents and letters from prospective clients, the USCIS found the impact was limited to individual clients rather than the field at large.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to establish the national interest waiver; the petitioner responded with documentation on USPTO initiatives and prospective client letters.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Patents
Reference Letters Dependent
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: 2024-08-02.

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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 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

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