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dismissed EB-2 (NIW) RFE Issued

Occupational Health And Safety Expert

Occupational Health And Safety Expert · 2024-07-05

Decision Date
2024-07-05
Location
New York
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 offer consultancy services through her New York-based company, focusing on creating Occupational Safety and Health Administration (OSHA) systems. She aims to train employees and employers on OSHA-related issues to identify hazards and reduce accident rates.

Framework Evaluation

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

While the endeavor has substantial merit, it lacks national importance as its impact is limited to the petitioner's clients rather than the industry at large.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to meet the first prong of the Dhanasar framework, specifically failing to demonstrate the national importance of the endeavor. While the endeavor had substantial merit, the evidence did not show impacts extending beyond the petitioner's specific clientele to the broader industry or U.S. economy. The petitioner's claims of creating 15 jobs and generating economic effects were not supported by sufficient evidence to prove substantial positive economic effects in an economically depressed area.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested additional evidence to satisfy the three Dhanasar prongs. The petitioner submitted a business plan, updated statement, and industry articles, but these failed to establish national importance.

RFE Targets
Substantial Merit and National Importanceprong 2prong 3

Evidence

Evidence Types
Reference Letters Dependent
Government Alignment
Business Plan

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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: 2024-07-05.

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At a Glance

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

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

Related Pages

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

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