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dismissed EB-2 (NIW) RFE Issued

Entrepreneur In The Field Of Child Education Services

Child Education Services · 2023-02-09

Decision Date
2023-02-09
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 operate as an entrepreneur in the field of child education services, specifically providing graphic design services for educational materials, curricula, toys, and tools. Additionally, the endeavor includes providing private tutoring services in mathematics and physics.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not satisfy at least three of the six criteria for exceptional ability under 8 C.F.R. § 204.5(k)(3)(ii). Specifically, her degree in meteorology was not related to child education, she lacked 10 years of experience in the specific occupation of education, her certifications were not required for the profession, and she failed to show continuous professional membership or significant contributions to the field of education.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to establish the petitioner's qualification for the EB-2 classification; the petitioner responded by asserting she met five of the exceptional ability criteria.

RFE Targets
eb2 qualification

Evidence

Evidence Types
Reference Letters Dependent
Professional Memberships

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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: 2023-02-09.

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At a Glance

Outcome dismissed
RFE Issued
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

Related Pages

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