dismissed EB-2 (NIW) RFE Issued

HR Consultant / Entrepreneur

Human Resource Consulting Services · 2025-04-02

Decision Date
2025-04-02
Location
Connecticut
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 operate a human resource consulting company providing talent acquisition, customized employee training, HR strategy development, and organizational consulting. The work aims to improve organizational effectiveness, close skills gaps, and enhance operational efficiency for small and medium-sized businesses in sectors like healthcare and technology.

Framework Evaluation

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

The endeavor has substantial merit but lacks national importance as it does not demonstrate broader implications for the field or substantial economic effects.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor (Prong 1). While the business plan projected 21 employees and approximately $1.79 million in revenue by year five, the USCIS found these figures insufficient to demonstrate a substantial regional or national economic impact, and the expert letter from Dr. S-M- failed to show broader implications for the industry.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE targeted the national importance of the endeavor. The petitioner responded with a business plan and expert testimony, but the response did not satisfactorily address the lack of broader industry impact.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Government Alignment

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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: 2025-04-02.

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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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