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dismissed EB-2 (NIW)

Human Resources Manager

Human Resources · 2024-05-23

Decision Date
2024-05-23
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 own and operate a consulting firm where he will act as CEO and head consultant, offering services concerning human resources matters. The endeavor aims to provide business development and HR management services to various clients.

Framework Evaluation

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

The endeavor has substantial merit, but the petitioner failed to show it would have a national impact or substantial economic effects.

2 Well-positioned to Advance the Endeavor Not Met

The Director found the petitioner was not well-positioned; the AAO reserved judgment.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Director found the petitioner did not show waiving the job offer would benefit the U.S.; the AAO reserved judgment.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his endeavor under the first Dhanasar prong. While he provided a business plan with hiring and revenue projections, he lacked corroborating evidence to show substantial economic benefits or a broad impact on the field beyond his specific clients. The petitioner's advanced degree (Bachelor's plus five years experience) was acknowledged, but his professional credentials were found to relate to the second prong rather than the national importance of the work itself.

Evidence

Evidence Types
Business Plan
Expert Letters
Articles Or Reports

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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: 2024-05-23.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 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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