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dismissed EB-2 (NIW)

Entrepreneur In Human Resources

Human Resources · Brazil · 2024-04-25

Decision Date
2024-04-25
Location
Florida
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 human resources consulting business in Florida focused on reducing operational costs for companies through increased employee retention and engagement. The business would help companies monitor and improve career development, wellness, productivity, and work culture.

Framework Evaluation

1 of 3 criteria met
1 Well Positioned to Advance the Endeavor Met

The Director found the petitioner well positioned based on her 18 years of experience and advanced degree status.

2 Substantial Merit and National Importance Not Met

The endeavor was found to have substantial merit but lacked national importance as it did not show impact beyond the petitioner's clients.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Director found that the petitioner did not establish that waiving the labor certification would benefit the United States.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to meet Prong 1 of the Dhanasar framework, specifically failing to show the national importance of the endeavor. While she is an advanced degree professional with 18 years of experience, her business plan's projections of 76 jobs and $14.5 million in wages were not sufficiently documented to show a broad impact beyond her specific clients.

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions
Business Plan
Industry Reports

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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: 2024-04-25.

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At a Glance

Outcome dismissed
Criteria Met 1 / 3
Evidence Types 4

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

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