Visalytics
Visalytics
dismissed EB-2 (NIW) RFE Issued

Chief Executive Officer And Coach

Capoeira (Brazilian Martial Art) · Brazil · 2024-05-30

Decision Date
2024-05-30
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 proposed to work in the United States as a chief executive officer and coach, specifically focusing on teaching and promoting capoeira, a Brazilian martial art that combines dance, fighting, acrobatics, and music. The endeavor aimed to utilize the Petitioner's expertise as an instructor and teacher to advance the discipline.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to meet at least three of the six criteria for exceptional ability under 8 C.F.R. § 204.5(k)(3)(ii). The AAO found that the Petitioner did not provide official academic records from qualifying institutions, failed to prove 10 years of full-time experience with detailed job duties, and did not establish that the capoeira federation constituted a professional association. Consequently, the AAO reserved judgment on the Dhanasar prongs as the Petitioner was categorically ineligible for the EB-2 classification.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to satisfy the exceptional ability criteria, such as academic records and proof of experience. The Petitioner responded with certificates from capoeira groups and employment letters, which were ultimately found insufficient.

RFE Targets
eb2 qualification

Evidence

Evidence Types
Reference Letters Dependent
Professional Memberships

Similar Cases

Others

Others

USCIS EB-2 (NIW) rfe dismissed
2023-03-24
The petitioner is a martial arts instructor seeking to continue their work in the United States. However, the decision notes that inconsistent representations obscured the specific nature of the proposed endeavor.

Entrepreneur

Sports · Brazil

USCIS EB-2 (NIW) rfe dismissed
Florida 2024-07-25
The Petitioner intends to operate a martial arts sports entertainment business in the United States. This includes holding mixed martial arts tournaments and developing a program to teach mixed martial arts to children and adults with low incomes.

Entrepreneur

Sports

USCIS EB-2 (NIW) rfe dismissed
2024-09-03
The petitioner proposes to work as an entrepreneur and jiu-jitsu instructor. His endeavor involves operating an academy, utilizing his marketing degree to attract students and publicize his work, and contributing to health, education, and cultural diversity through martial arts.

Others

Sports

USCIS EB-2 (NIW) dismissed
2024-05-28
The petitioner proposes to work as a martial arts instructor in the United States. The endeavor focuses on providing instruction and training in martial arts disciplines.

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

More dismissed cases More Others cases More cases from Brazil

Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-05-30.

Browse all cases

At a Glance

Outcome dismissed
RFE Issued
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

Related Pages

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

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist