dismissed EB-2 (NIW)
Athletic Trainer
Athletic Training And Physical Education ยท 2024-05-13
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 establish a specialized physical training services firm providing personalized functional exercise programs for groups and individuals. The firm is planned to be headquartered in Georgia with business units in Georgia and Florida.
Framework Evaluation
0 of 3 criteria met1 Substantial Merit and National Importance Partially Met
The endeavor was found to have substantial merit but lacked sufficient evidence of national importance.
Why This Petition Was Denied
The appeal was dismissed because the Petitioner failed to establish the national importance of his endeavor under the first Dhanasar prong. Although he projected creating 38 jobs and generating $9.13 million in revenue, he provided no evidence of the basis for these projections or how the work would impact the field more broadly beyond his immediate clients.
Evidence
Evidence Types
Reference Letters Dependent
Media Coverage
Business Plan
Industry Reports
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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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-05-13.
Browse all casesAt a Glance
Outcome dismissed
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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