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dismissed EB-2 (NIW) RFE Issued

Corporate Human Resources Counselor

Corporate Human Resources Counselor ยท 2024-04-16

Decision Date
2024-04-16
Location
Florida
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 proposed to work as a corporate human resources counselor through her own company to help small- and medium-sized businesses increase efficiency and profitability by promoting healthy work environments. She later clarified her intent to focus on organizational psychology to improve workplace dynamics.

Framework Evaluation

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

The petitioner did not demonstrate that the venture's benefits would reach beyond her business and customers to have national implications.

Why This Petition Was Denied

The motion was dismissed because the petitioner failed to provide prior counsel with notice and an opportunity to respond to ineffectiveness allegations, and failed to explain why no disciplinary complaint was filed. Furthermore, the petitioner did not demonstrate prejudice, as the original denial was based on a lack of national importance rather than confusion over the job title or SOC codes.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested clarification on the specific nature of the endeavor; the petitioner responded with a personal statement, but the concerns regarding national importance were not resolved.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Peer Reviewed Publications

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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: 2024-04-16.

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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

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

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