dismissed EB-2 (NIW) RFE Issued

Consultant In The Field Of Healthcare (Mischaracterized By Director) / Conflict Resolution Consultant

Education / Conflict Resolution · 2024-07-23

Decision Date
2024-07-23
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 implement a project of mediation and conflict resolution in U.S. educational institutions through cultural and pedagogical practices. The project focuses on peacebuilding through writing exercises where students' texts are projected on screens to facilitate discussion and conflict resolution.

Framework Evaluation

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

The endeavor was found to have substantial merit, but it did not meet the requirement for national importance as it lacked broader implications beyond the immediate clients.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not establish the national importance of the specific endeavor under Dhanasar's first prong. Although the petitioner holds an advanced degree (Master's in Conflict Resolution and a Juris Doctor) and submitted two recommendation letters, the evidence did not show the work would have broader implications for the field or substantial positive economic effects.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence for national importance, the petitioner's positioning, and the balancing test. The petitioner provided a business plan and recommendation letters, but the Director found the response insufficient regarding national importance.

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: 2024-07-23.

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

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