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dismissed EB-2 (NIW) RFE Issued

Public Bid Procurement Specialist

Public Bid Procurement / International Trading Sector · Brazil · 2024-07-16

Decision Date
2024-07-16
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 work as a public bid procurement specialist and consultant in the U.S. to assist U.S.-based companies in winning public bids (tenders) from Brazilian government institutions. She aims to provide expertise in Brazilian public contracting to promote international trade and help U.S. companies expand their operations into the Brazilian market.

Framework Evaluation

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

While the endeavor was found to have substantial merit, it lacked evidence of national importance or broader prospective impact.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to meet the first prong of the Dhanasar framework, specifically failing to demonstrate the national importance of her endeavor. While the endeavor had substantial merit, the evidence did not show a prospective impact that would offer broader implications for the industry or generate substantial economic effects. The AAO reserved judgment on the petitioner's exceptional ability status and the remaining two Dhanasar prongs.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to establish the petitioner's qualification as an individual of exceptional ability and eligibility for the waiver; the petitioner responded with an amended letter of intent.

RFE Targets
Substantial Merit and National Importanceprong 2prong 3

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: 2024-07-16.

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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 3,813
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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