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dismissed EB-2 (NIW)

Human Resources Specialist

Human Resources · 2024-10-02

Decision Date
2024-10-02
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 start a company specializing in human resources, in which she would serve as general manager and lead consultant. This company intends to work with a broad spectrum of individual clients at every stage of their career development, focus on diversity and inclusion by offering workshops on workplace skills to vulnerable populations (such as youth from disadvantaged backgrounds), and provide aspiring entrepreneurs with support.

Framework Evaluation

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

The Petitioner failed to establish that her proposed human resources endeavor had sufficient national importance, as the evidence did not demonstrate broader implications, significant job creation, substantial positive economic effects, or a specific alignment with governmental initiatives beyond individual client impact.

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 prong of the Dhanasar framework. The evidence did not demonstrate broader implications in the field, significant potential to employ U.S. workers (only nine consultants over five years were projected without corroborating evidence), or substantial positive economic effects beyond individual clients. Furthermore, the petitioner did not show how her work would impact the human resources field more broadly or align her specific endeavor with governmental importance.

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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: 2024-10-02.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3

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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