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dismissed EB-2 (NIW) RFE Issued

Human Resources Professional And Entrepreneur

Human Resources · Brazil · 2024-07-18

Decision Date
2024-07-18
Location
Pennsylvania
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 consultancy organization specializing in advisory and implementation activities such as human capital strategy, compensation and benefits, talent management, and HR technology. The business would target small and medium-sized companies and be headquartered in a Pennsylvania HUBZone with expansion plans into New Jersey and Maryland.

Framework Evaluation

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

The petitioner did not show the endeavor's prospective impact would be of a magnitude to affect the industry or economy broadly.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not establish the national importance of the endeavor; specifically, the business plan and staffing projections were contradictory (ranging from 13 to 104 positions). Additionally, there was no evidence that the consulting services would impact the industry broadly or that the economic benefits to HUBZones were substantiated by objective evidence.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence for all three prongs; the petitioner provided a business plan and expert letters, but failed to resolve inconsistencies regarding staffing and ownership.

RFE Targets
Substantial Merit and National Importanceprong 2prong 3

Evidence

Evidence Types
Reference Letters Dependent
Awards
Professional Memberships
Media Coverage

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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: 2024-07-18.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 4

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

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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