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dismissed EB-2 (NIW) RFE Issued

Human Resources Consultant

Human Resources Consulting ยท 2023-12-11

Decision Date
2023-12-11
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 plans to work as a Human Resources Consultant with a focus on strategic HR planning, internal consulting, labor and union relations, personnel administration, training, and organizational development. She intends to set up a consulting company to share her knowledge through events and training for young people and adults.

Framework Evaluation

1 of 3 criteria met
1 Well-positioned to Advance the Endeavor Met

The Director previously determined the Petitioner was well-positioned to advance the proposed endeavor.

2 Substantial Merit and National Importance Not Met

The endeavor was found to have merit but lacked evidence of national importance or significant prospective impact.

3 On Balance, Beneficial to Waive Job Offer Not Met

Because the first prong was not met, the Petitioner could not establish that a waiver would be beneficial on balance.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to satisfy the first Dhanasar prong regarding national importance. While the Director found the Petitioner well-positioned (Prong 2), the record lacked specific metrics such as projected job creation, wages, or location to prove substantial economic impact or broader implications beyond the Petitioner's own clients.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director requested evidence of national importance; the Petitioner responded with industry articles and reports which the Director found too generalized.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
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: 2023-12-11.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 3
Evidence Types 1

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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