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dismissed EB-2 (NIW)

Researcher And Teacher In The Field Of Applied Linguistics

Applied Linguistics · 2024-09-27

Decision Date
2024-09-27
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 conduct research on teaching and curriculum development for English as a Second Language (ESL) courses. She intends to focus primarily on researching language development opportunities for English learners in California and developing a multimodal curriculum for the ESL population for nationwide use.

Framework Evaluation

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

The AAO found the proposed endeavor had substantial merit but lacked sufficient evidence to demonstrate national importance, as the petitioner's general assertions were not corroborated with specific details of broader implications.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of her proposed endeavor under the first Dhanasar prong. While the endeavor had substantial merit, the Petitioner did not provide sufficient evidence or specific details to demonstrate that her research on ESL teaching and curriculum development offered original innovations or had national/global implications beyond general assertions. The AAO declined to reach conclusions on Dhanasar prongs two and three.

Evidence

Evidence Types
Peer Reviewed Publications
Awards
Reference Letters Dependent

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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: 2024-09-27.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

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