dismissed EB-2 (NIW) RFE Issued

Senior Advisor Of Monitoring, Evaluation, Accountability And Learning (MEAL)

Nonprofit Organization That Provides Essential Food And Supplies To The World'S Vulnerable Populations · 2024-09-18

Decision Date
2024-09-18
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 Beneficiary proposes to work as a senior advisor of monitoring, evaluation, accountability and learning (MEAL) for a non-profit organization. His role involves overseeing food security and livelihoods programs funded by USAID and BHA, conducting monitoring and evaluation assistance for projects in Mali, Niger, Burkina Faso, and Uganda, and providing accurate data to funders.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

The Director concluded that the Beneficiary's endeavor has substantial merit but not national importance, a finding with which the AAO agreed. The evidence did not demonstrate benefits extending beyond the company to the broader humanitarian field or substantial positive economic effects.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to demonstrate that the Beneficiary's proposed endeavor met the national importance element of the Dhanasar's first prong. USCIS found that the evidence did not show the endeavor's benefits extended beyond the company to the broader humanitarian field or had substantial positive economic effects. The decision did not reach the second and third prongs.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence regarding the national importance of the Beneficiary's endeavor, his position to advance it, and the overall benefit of waiving the job offer. In response, the Petitioner refocused the endeavor to include adopting and integrating cutting-edge technologies like Machine Learning and AI into M&E activities, but this was not deemed sufficient.

RFE Targets
The proposed endeavor has both substantial merit and national importanceprong 2prong 3

Evidence

Evidence Types
Reference Letters Independent
Reference Letters Dependent
Original Contributions
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: 2024-09-18.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 4

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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