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dismissed EB-2 (NIW) RFE Issued

Headhunter

Financial Analysis · 2024-12-13

Decision Date
2024-12-13
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 open a business to apply his expertise as a headhunter for the Brazilian insurance sector to serve as a headhunter for companies in the United States insurance and financial sectors. This business will focus on providing high-level, customized recruitment consulting services for companies in Florida and New York, specifically sourcing candidates for technical roles like actuaries and offering a 'professional monitoring' tool for integrating newly hired employees.

Framework Evaluation

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

The AAO withdrew the Director's determination regarding substantial merit, finding the business plan sufficient to show substantial merit. However, the petitioner failed to demonstrate the national importance of the endeavor, as the projected economic benefits and alignment with national initiatives were not deemed substantial enough.

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

The Director concluded that the petitioner was well-positioned to advance the proposed endeavor. The AAO reserved judgment on this prong.

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

The Director concluded that on balance, waiving the job offer requirement would benefit the United States. The AAO reserved judgment on this prong.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his proposed endeavor under the first prong of the Dhanasar framework. While the substantial merit was acknowledged, the projected job creation (13 direct and indirect jobs in Florida by year five) and sales forecasts ($432,000 in year one, growing to $698,921 in year five) were deemed insufficient to demonstrate 'substantial positive economic effects' or broader implications for national importance. The alignment with the White House National Security Strategy was also found to be too general and not specifically tied to the petitioner's endeavor.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested additional evidence, to which the petitioner responded with a revised business plan. This plan clarified the focus of the proposed endeavor on the finance and insurance industries in Florida and New York. However, the response did not sufficiently address the national importance aspect of the endeavor.

RFE Targets
The proposed endeavor has both substantial merit and national importanceeb2 qualification

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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: 2024-12-13.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3

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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