dismissed EB-2 (NIW) RFE Issued

Human Development Specialist

Human Development Specialist · Brazil · 2023-11-01

Decision Date
2023-11-01
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 work as a human development specialist, claiming to provide services that differ from ordinary specialists and have been key to company success. The endeavor involves strategic people management and human development services within businesses.

Framework Evaluation

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

The record does not explain how the results obtained for individual businesses are indicative of broader implications in the field.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not address deficiencies in the Dhanasar framework, specifically failing to show the national importance of her work. Furthermore, she failed to establish EB-2 eligibility as her 'lato sensu' MBA was not found equivalent to a U.S. master's degree, and she did not provide evidence of 10 years of full-time experience or exceptional ability recognition.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director requested evidence of university accreditation and further proof of eligibility under Dhanasar; the petitioner responded with an unsigned letter and existing arguments without new evidence.

RFE Targets
eb2 qualificationSubstantial Merit and National Importance

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: 2023-11-01.

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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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