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dismissed EB-2 (NIW) RFE Issued

Human Resources Specialist

Human Resources · 2024-04-09

Decision Date
2024-04-09
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 operate a human resources consulting company in Florida. The endeavor involves recruiting, interviewing, hiring, and training staff, as well as assisting small and medium-sized companies with their human resources requirements and behavioral training.

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 its prospective impact rises to the level of national importance.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not demonstrate that her specific endeavor has national importance or significant potential to employ U.S. workers on a scale that provides substantial positive economic effects. While she projected hiring 101 employees and generating $1.68 million in revenue by year five, the evidence did not show benefits extending beyond her immediate customers. The AAO found her qualifications relevant to the second prong but insufficient to satisfy the first prong's requirement for prospective impact.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence regarding the national importance of the endeavor; the petitioner provided a business plan and industry reports, but they failed to show impact beyond immediate customers.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions

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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: 2024-04-09.

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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 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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

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