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dismissed EB-2 (NIW)

Human Resources Specialist

Human Resources · 2024-07-05

Decision Date
2024-07-05
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 offer human resources consulting services to small and medium-sized U.S. companies to create better work environments, focusing on workplace safety, employee well-being, and adherence to OSHA guidelines post-COVID-19.

Framework Evaluation

1 of 3 criteria met
1 Well-positioned to Advance the Endeavor Met

The Director acknowledged the petitioner's qualifications, including her advanced degree and professional experience, made her well-positioned.

2 Substantial Merit and National Importance Not Met

The endeavor has substantial merit but lacks evidence of national importance; the impact is limited to individual clients rather than the broader field or economy.

3 On Balance, Beneficial to Waive Job Offer Not Met

The petitioner did not establish that the benefits of her work outweigh the need for a labor certification, as the first prong was not met.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not satisfy the first prong of the Dhanasar framework. Specifically, she failed to demonstrate that her consulting services would have a prospective impact rising to the level of national importance or offering broader implications for the field beyond her specific clients.

Evidence

Evidence Types
Reference Letters Dependent
Government Alignment
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: 2024-07-05.

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At a Glance

Outcome dismissed
Criteria Met 1 / 3
Evidence Types 3

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

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