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dismissed EB-2 (NIW) RFE Issued

Industrial And Organizational Psychologist / Human Resources Representative

Industrial And Organizational Psychology / Human Resources Consulting · 2024-07-16

Decision Date
2024-07-16
Location
United States
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 work as a human resources representative for a consulting company, advising small- and medium-sized businesses on minimizing workplace burnout, stress, and turnover. She intends to implement interventions such as team effectiveness, mindfulness, coaching techniques, and Myers-Briggs Type indicator assessments to optimize productivity.

Framework Evaluation

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

The endeavor has substantial merit but lacks evidence of national importance or broader implications beyond individual clients.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of her endeavor (Prong 1). While she holds a U.S. master's degree in organizational psychology, she did not demonstrate that her work would have broader implications for the field or significant macroeconomic effects beyond the specific companies she serves.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to establish the national importance of the proposed endeavor. The petitioner responded with additional articles and an expert letter, but failed to show impact beyond individual employers.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Media Coverage

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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: 2024-07-16.

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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 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

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