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dismissed EB-2 (NIW) RFE Issued

Human Resources Specialist

Human Resources Services · 2023-01-03

Decision Date
2023-01-03
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 firm in the United States to provide human resources services to other U.S. companies. The endeavor focuses on planning, directing, and coordinating human resources activities and staff for client organizations.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to qualify for the EB-2 classification as an advanced degree professional. The evidence did not establish five years of post-degree progressive experience; letters provided were either for pre-degree internships or described duties (contract obligations, product specifications) inconsistent with human resources functions. Consequently, the AAO reserved judgment on the Dhanasar prongs as the threshold EB-2 requirement was not met.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE addressed the petitioner's qualification for the EB-2 category. The petitioner responded by arguing the RFE was insufficient and provided a new letter from a business associate on appeal to prove five years of experience.

RFE Targets
eb2 qualification

Evidence

Evidence Types
Reference Letters Dependent

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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: 2023-01-03.

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At a Glance

Outcome dismissed
RFE Issued
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

Related Pages

EB-2 (NIW) Overview All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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