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dismissed EB-2 (NIW) RFE Issued

Artistic Director

Creative Arts Industry · Brazil · 2023-10-17

Decision Date
2023-10-17
Location
Florida
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 act as an artistic director through his company in Florida to create, organize, and execute artistic and cultural events, including staging Shakespearean plays, dance projects, and free film screenings. He aims to develop international partnerships, promote cultural exchange between Brazil and the U.S., and use arts-based interventions for youth substance use prevention.

Framework Evaluation

0 of 3 criteria met
1 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 primarily because the petitioner did not satisfy Prong 1 of the Dhanasar framework; specifically, he failed to demonstrate the national importance of his work. Although he provided a business plan projecting 12 employees and $1.4 million in revenue by year five, he did not provide evidence to support these projections or show substantial economic impact. The record lacked evidence that his specific projects would broadly impact the performing arts industry or U.S. public health.

Request for Evidence (RFE)

Unsuccessfully Addressed

A Notice of Intent to Deny (NOID) was issued questioning the national interest waiver; the petitioner responded with a business plan and further explanations of cultural impact.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Government Alignment

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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: 2023-10-17.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
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

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

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