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dismissed EB-2 (NIW)

Human Resources And Marketing Communications Specialist

Human Resources And Marketing Communications · 2024-07-30

Decision Date
2024-07-30
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 intends to work in the United States as a human resources and marketing communications specialist. The endeavor involves providing services to U.S. entities as outlined in a submitted business plan.

Framework Evaluation

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

The petitioner did not offer sufficient evidence to demonstrate that the prospective impact of her endeavor rose to the level of national importance.

2 Well-positioned to Advance the Endeavor Not Met

The record did not establish that the petitioner was well-positioned to advance her proposed human resources and marketing communications endeavor.

3 On Balance, Beneficial to Waive Job Offer Not Met

Since the first two prongs were not satisfied, the petitioner did not qualify for a waiver of the job offer and labor certification.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor (Prong 1) and failed to show she was well-positioned to advance it (Prong 2). The motion to reopen and reconsider was dismissed as it provided no new probative facts or evidence of legal error, despite the submission of expert letters and a business plan.

Evidence

Evidence Types
Reference Letters Independent
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: 2024-07-30.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

Related Pages

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

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