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dismissed EB-2 (NIW)

Human Resources Professional And Entrepreneur

Human Resources (HR) · Brazil · 2024-08-20

Decision Date
2024-08-20
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 create a human resources consultancy organization in Florida, leveraging her HR expertise to provide consulting services to small and medium organizations. The company aims to support human resources processes in U.S. corporations, focusing on retention and engagement, and strengthening the American economy. It also intends to operate in HUBZone areas to generate jobs and promote economic development.

Framework Evaluation

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

The petitioner failed to demonstrate that her proposed human resources consulting endeavor had national importance, as the evidence did not show its effects would extend beyond her business and clients to impact the field or U.S. economy more broadly.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of her proposed endeavor under Dhanasar's first prong. USCIS found insufficient evidence to substantiate claims of substantial economic benefits, job creation (29 employees over five years) impacting a broader region, or a direct connection between her services and significant sales. Expert letters did not discuss the proposed endeavor's national importance, and the HUBZone status was deemed irrelevant due to the petitioner's non-U.S. citizen ownership.

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions
Commercial Success
Government Alignment

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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: 2024-08-20.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 4

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,814
Success Rate 53.6%
Sustained 2,046
Dismissed 1,672

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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