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dismissed EB-2 (NIW) RFE Issued

Change Management Specialist

Human Resources · 2023-08-24

Decision Date
2023-08-24
Location
New York
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 change management consultancy firm in the United States to assist small- and medium-sized businesses (SMEs) in developing diverse, equitable, and inclusive workforces. The endeavor focuses on leveraging a Shared Services Centers model to provide strategic human resources and organizational culture guidance to businesses in the IT and logistics industries.

Framework Evaluation

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

The endeavor has substantial merit but lacks national importance as it is a small-scale consultancy with limited projected economic impact.

2 Well-positioned to Advance the Endeavor Not Met

The record did not establish the petitioner was well-positioned, noting a lack of experience in business operations or evidence of funding.

3 On Balance, Beneficial to Waive Job Offer Not Met

The criteria was not met because the petitioner failed the preceding prongs.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of her proposed endeavor under the first Dhanasar prong. While she had an advanced degree and a successful track record at multi-national corporations, her business plan for a small consultancy with only 11 projected employees and approximately $1.3 million in revenue by year five was deemed to have insufficient prospective impact on the industry or economy.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence for all three prongs. The petitioner responded with a business plan and articles discussing the societal impact of change management.

RFE Targets
Substantial Merit and National ImportanceWell-positioned to Advance the EndeavorOn Balance, Beneficial to Waive Job Offer

Evidence

Evidence Types
Reference Letters Dependent
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: 2023-08-24.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

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