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dismissed EB-2 (NIW) RFE Issued

Mental Health Specialist

Mental Health / Psychology · Colombia · 2024-06-06

Decision Date
2024-06-06
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 intends to provide mental health services focusing on children and their parents in the wake of the COVID-19 pandemic. She proposes to conduct surveys at early educational facilities to diagnose the post-pandemic states of families and facilitate new treatment approaches.

Framework Evaluation

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

The Director found the endeavor to have substantial merit and national importance.

2 Well Positioned to Advance the Endeavor Not Met

The record lacked evidence of a record of success, progress toward the endeavor, or a detailed plan for U.S. operations.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner is not well-positioned to advance the endeavor; she lacked a detailed business plan, evidence of U.S. licensure steps, or documented interest from prospective clients/investors. While she has degrees in psychology and child development, she lacked a record of published research or funding to support her specific U.S. proposal.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued an RFE for evidence of positioning and waiver benefit; the Petitioner submitted expert letters which the Director initially (and erroneously) claimed were duplicates of initial evidence.

RFE Targets
Well Positioned to Advance the Endeavorprong 3

Evidence

Evidence Types
Reference Letters Dependent
Reference Letters Independent
Government Alignment

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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: 2024-06-06.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 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

Related Pages

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

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