dismissed EB-2 (NIW) RFE Issued

Public Relations Specialist

Public Relations · Brazil · 2024-06-14

Decision Date
2024-06-14
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 public relations specialist focusing on reputation management and creating intended public images for individuals and organizations. He aims to build PR campaigns to drive profitable opportunities, facilitate foreign direct investment, and protect U.S. organizations from reputational crises.

Framework Evaluation

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

The endeavor lacked evidence of broader implications or substantial economic impact beyond the petitioner's immediate clients.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to meet Prong 1 of the Dhanasar framework; specifically, he did not show the national importance of his endeavor. The USCIS found that his work would primarily benefit his specific clients rather than the industry or U.S. economy as a whole. Additionally, the petitioner attempted to materially change his proposed endeavor in response to an RFE, which is not permitted.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE challenged all three prongs; the petitioner responded with a new professional plan as a postdoctoral researcher, which was deemed an impermissible material change.

RFE Targets
Substantial Merit and National Importanceprong 2prong 3

Evidence

Evidence Types
Peer Reviewed Publications
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: 2024-06-14.

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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 3,814
Success Rate 53.6%
Sustained 2,046
Dismissed 1,672

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