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dismissed EB-2 (NIW)

Security Consultant

Security Consultant · Brazil · 2024-09-18

Decision Date
2024-09-18
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 business providing security consulting services for law enforcement. This includes conducting security program evaluations, offering technical assistance, and providing trainings.

Framework Evaluation

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

The AAO agreed with the Director that the petitioner failed to establish the national importance of the proposed security consulting endeavor, as evidence did not show its potential prospective impact on a national level, nor did it demonstrate the services were better, different, or cost less than existing options.

2 Individual is well-positioned to advance their proposed endeavor Not Met

The Director concluded the petitioner was not well-positioned to advance the endeavor. The AAO reserved its opinion on this prong, as the case was dismissed on Prong 1.

3 On balance, waiving the job offer requirement would benefit the United States Not Met

The Director concluded that waiving the job offer requirement would not benefit the United States. The AAO reserved its opinion on this prong, as the case was dismissed on Prong 1.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the proposed endeavor under the first Dhanasar prong. The Director also found the petitioner not qualified for EB-2 due to insufficient foreign language document translations and did not establish prongs 2 and 3. The AAO reserved opinion on EB-2 qualification and Dhanasar prongs 2 and 3, as the failure to meet prong 1 was sufficient for dismissal.

Evidence

Evidence Types
Reference Letters Dependent
Articles And Industry Reports

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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: 2024-09-18.

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At a Glance

Outcome dismissed
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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