dismissed EB-2 (NIW) RFE Issued

Entrepreneur And Vocational Counselor

Mental Health And Vocational Counseling · Bolivia · 2024-04-19

Decision Date
2024-04-19
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 provide vocational coaching and counseling to American youth and young adults by addressing the relationship between mental health and occupation. The endeavor aims to help individuals enter the workforce in a healthy manner, reducing turnover and recruitment costs for employers through one-on-one and family sessions.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Partially Met

The endeavor was found to have substantial merit but failed to demonstrate national importance.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy the national importance element of the first Dhanasar prong. Although the endeavor has substantial merit and the petitioner holds an advanced degree (Licentiate in Psychology), the record did not show a broader impact beyond direct clients or significant potential for job creation (10 employees in the first year) or economic benefit to a depressed area.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence regarding the national importance of the endeavor; the petitioner responded with a business plan and impact statements which were deemed insufficient.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Awards
Reference Letters Dependent
Government Alignment

Similar Cases

Psychologist

Healthcare

USCIS EB-2 (NIW) dismissed
Florida, USA 2024-08-21
The petitioner proposes to work as a clinical and counseling psychologist through her Florida-based business. Her endeavor includes a plan to employ 73 workers by the fifth year of her company's operation.

Social Worker

Non-Profit

USCIS EB-2 (NIW) dismissed
2024-08-02
The petitioner plans to operate and manage a nonprofit organization in Central Florida primarily focused on mental health and access to benefits for the Hispanic community. This endeavor aims to replicate successful models within Hispanic communities, including training and educating community members, and contributing to economic growth and social inclusion.

Others

Others

USCIS EB-2 (NIW) dismissed
2024-11-18
The petitioner's proposed endeavor aims to contribute significantly to the social, physical, and mental well-being of youth. It is also asserted that the endeavor will create direct and indirect job opportunities.

Psychologist

Healthcare

USCIS EB-2 (NIW) dismissed
2024-09-17
The petitioner proposes to open a private practice in psychotherapy. This endeavor aims to provide mental health services, with projections for job creation and revenue generation over five years.

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.

Browse More Cases

Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-04-19.

Browse all cases

At a Glance

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

EB-2 (NIW) Case Data

Scraped Case Data

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

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist