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dismissed EB-2 (NIW)

Social And Community Service Manager

Social Work Field · 2024-08-02

Decision Date
2024-08-02
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 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.

Framework Evaluation

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

The AAO agreed with the Director that the petitioner failed to establish the national importance of the endeavor, despite acknowledging its substantial merit. The evidence did not demonstrate a prospective potential impact rising to the level of national importance. The petitioner's assertions regarding the positive impacts from other initiatives and parallel benefits were unsupported by independent evidence.

2 The individual is well-positioned to advance the proposed endeavor Not Met

The Director determined that the Petitioner was not well positioned to carry out the endeavor under prong two. The AAO reserved opinion on this prong, but did not find it met.

3 On balance, waiving the job offer requirement would benefit the United States Not Met

The Director determined that the Petitioner had not shown that a waiver of the job offer requirement would be beneficial as required by prong three. The AAO reserved opinion on this prong, but did not find it met.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the proposed endeavor under the first prong of the Dhanasar framework. The AAO found that while the services might be valuable to individuals, the evidence did not demonstrate a prospective potential impact rising to the level of national importance. The petitioner's assertions regarding positive impacts from other initiatives and parallel benefits were unsupported by independent evidence. The AAO reserved opinion on Prongs 2 and 3.

Evidence

Evidence Types
Business Proposal
Academic Credentials
Certificates
Training
Prior Work Experience
Expert Evaluations
Details Of Proposed Projects
Ngo Documentation
Social Media Posts
Volunteering Activities

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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: 2024-08-02.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 10

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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