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dismissed EB-2 (NIW) RFE Issued

CEO

Consulting Company ยท 2024-11-21

Decision Date
2024-11-21
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's proposed endeavor was initially described in the I-140 petition, but the Director determined that the petitioner made a material change to it in response to a Request for Evidence (RFE). The original and modified details are not fully elaborated, but it relates to her work as CEO of her consulting company.

Framework Evaluation

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

The Director concluded that the Petitioner's endeavor would not result in broader implications to her field beyond the direct benefits to her potential employers or customers, or otherwise result in substantial economic benefits contemplated in Dhanasar.

2 Petitioner is well-positioned to advance the proposed endeavor Not Met

The Director concluded that the record did not establish the Petitioner was well-positioned to advance her endeavor.

3 On balance, it would benefit the US to waive the job offer and labor certification requirements Not Met

The Director concluded that, on balance, it would not be beneficial for the United States to waive the job offer requirement.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner's combined motion to reopen and reconsider did not contain new facts or establish that the Director erred as a matter of law or policy. The Director initially denied the petition because the Petitioner had insufficient post-baccalaureate experience (2 years, 3 months, 9 days) for an advanced degree professional and only met two of six exceptional ability criteria (degree and license/certification, though the AAO disagreed on the latter). For the NIW, the Director found a material change in the proposed endeavor, and that the endeavor lacked national importance, the petitioner was not well-positioned, and a waiver was not in the national interest.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE prompted the Petitioner to make a material change to her proposed endeavor, which the Director deemed impermissible. The RFE also sought to clarify evidence for EB-2 eligibility, including experience and exceptional ability criteria. The Petitioner's response did not overcome the Director's conclusions.

RFE Targets
Proposed endeavor has substantial merit and national importancePetitioner is well-positioned to advance the proposed endeavorOn balance, it would benefit the US to waive the job offer and labor certification requirements

Evidence

Evidence Types
Reference Letters Dependent

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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: 2024-11-21.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 1

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 All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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