How common are denied EB-2 NIW petitions?

EB-2 NIW petition outcomes vary based on the strength of evidence, the specific criteria addressed, and the adjudicating officer. Each case is evaluated individually based on its own merits and documentation.

How does the HR Corporate Wellbeing Consultant industry affect EB-2 NIW petition outcomes?

The HR Corporate Wellbeing Consultant sector has unique considerations for EB-2 NIW petitions. USCIS evaluates whether the petitioner's qualifications and contributions align with the specific requirements of the visa category. Industry context matters for demonstrating the significance and impact of the petitioner's work.

dismissed EB-2 (NIW) RFE Issued

Chief Executive Officer And Lead Consultant

HR Corporate Wellbeing Consultant · Colombia · 2024-07-03

Decision Date

2024-07-03

Location

United States

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 consulting firm focused on HR Corporate Wellbeing to promote physical and mental health within U.S. companies. She intends to develop and implement programs to manage stress and stimulate healthy habits for employees, particularly focusing on the wellness needs of healthcare workers.

Framework Evaluation

0 of 3 criteria met

1 Substantial Merit and National Importance Partially Met

The endeavor was found to have substantial merit but failed to demonstrate national importance.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of her endeavor under the first Dhanasar prong. The evidence did not demonstrate that her methodologies would improve upon existing methods in the U.S. or have a broad impact commensurate with national importance. Expert testimony was also found to lack independence.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence to satisfy the Dhanasar framework; the Petitioner provided a personal plan and expert letters which the Director and AAO found insufficient for national importance.

RFE Targets

Substantial Merit and National Importanceprong 2prong 3

Evidence

Evidence Types

Reference Letters Dependent

Government Alignment

Expert Opinion Letter

Industry Reports

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.

Browse More Cases

More dismissed cases More Consulting cases More cases from Colombia

Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-07-03.

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At a Glance

Outcome dismissed

RFE Issued

Criteria Met 0 / 3

Evidence Types 5

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816

Success Rate 53.6%

Sustained 2,046

Dismissed 1,674

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

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