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dismissed EB-2 (NIW) RFE Issued

Human Rights Attorney

Human Rights Advocacy · 2024-07-31

Decision Date
2024-07-31
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 continue working as a human rights attorney or advocate, specifically focusing on assisting individuals who cannot afford legal fees and supporting initiatives to combat HIV. However, the petition lacked specificity regarding whether he would open a private practice or work for an NGO in the United States.

Framework Evaluation

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

The petitioner did not provide enough specificity regarding his future role or specific projects to establish substantial merit or national importance.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to submit the required Form ETA-750B as per 8 C.F.R. § 204.5(k)(4)(ii). Furthermore, the petitioner did not satisfy the first Dhanasar prong as the proposed endeavor was not defined with sufficient specificity to determine substantial merit or national importance.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested a more specific description of the proposed endeavor and the submission of Form ETA-750B; the petitioner provided a resume and general interests in response.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Resume

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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: 2024-07-31.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 1

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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