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dismissed EB-2 (NIW) RFE Issued

Human Resources And Organizational Development Consultant

Human Resources And Organizational Development Consultant · 2024-10-25

Decision Date
2024-10-25
Location
Virginia, 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 work as a human resources and organizational development professional, creating methodologies and organizational roadmaps to detail business/strategic goals for organizations. Her endeavor aims to enhance the effectiveness and readiness of employees in U.S. Foreign Service and global development institutions, focusing on talent pipeline planning, human capital development, and work readiness training, with a special emphasis on youth-at-risk and minority groups.

Framework Evaluation

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

USCIS found the endeavor had substantial merit but lacked sufficient evidence to demonstrate national importance, as its impact was not shown to extend beyond potential clients to a broader national level.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to meet the first prong of the Dhanasar framework, which requires demonstrating that the proposed endeavor has national importance. While the field of human resources and organizational development was acknowledged as important, the specific endeavor's prospective impact was not shown to extend beyond potential clients to a national level. New evidence submitted on appeal, including a business plan and company documents, was not considered because it was dated after the petition's filing date in February 2024.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE targeted the lack of evidence for the national importance of the petitioner's proposed endeavor. The petitioner responded by submitting recommendation letters, articles, reports, and information on her employment and achievements, arguing her work had national importance due to its broader implications for public administration and alignment with national goals.

RFE Targets
The proposed endeavor has both substantial merit and national importance

Evidence

Evidence Types
Reference Letters Independent
Original Contributions
Commercial Success

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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: 2024-10-25.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 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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