dismissed EB-2 (NIW) RFE Issued

Owner And CEO

Human Resources Entrepreneur · 2025-03-25

Decision Date
2025-03-25
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 and business management services company to provide services to small and midsize enterprises (SMEs) in the United States. This endeavor aims to drive economic growth and social equity through supportive policies and the implementation of effective training programs, enhancing sustainable and ethical labor practices.

Framework Evaluation

1 of 3 criteria met
1 The individual is well-positioned to advance their proposed endeavor Met

The Director determined the Petitioner was well-positioned to advance the endeavor, a finding not overturned by the AAO.

2 The proposed endeavor has both substantial merit and national importance Not Met

The AAO found that while the endeavor had substantial merit, the petitioner failed to demonstrate its national importance, as its impact did not extend beyond immediate clients or offer substantial positive economic effects.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to demonstrate that the proposed endeavor had national importance, specifically that its impact would extend beyond immediate clients or offer substantial positive economic effects. The professional plan's projected revenue and employment figures, including $162,907 in salaries and benefits in Year 5, were deemed insufficient to prove national importance or significant job creation. Expert letters focused on the petitioner's qualifications (relevant to Prong 2, which was met by the Director) rather than the endeavor's broader implications for Prong 1.

Evidence

Evidence Types
Reference Letters Dependent
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: 2025-03-25.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 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

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