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dismissed EB-2 (NIW) RFE Issued

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E-Learning On His Online Platform For American Universities · 2024-10-17

Decision Date
2024-10-17
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 partner with American universities to market and promote their courses through e-learning on his online platform. The endeavor aims to improve student outcomes and promote innovation in higher education through technology, with an initial goal to reach local educational institutions in Central Florida.

Framework Evaluation

0 of 3 criteria met
1 Proposed endeavor has substantial merit and national importance Not Met

The petitioner did not establish that the proposed endeavor of marketing university courses through e-learning would result in broader implications or meaningfully impact federal initiatives at a level commensurate with national importance.

2 On balance, it would benefit the US to waive the job offer and labor certification requirements Not Met

The petitioner failed to demonstrate that the endeavor had a significant potential to employ U.S. workers or otherwise result in substantial positive economic effects rising to the level of national importance.

Why This Petition Was Denied

The motion to reconsider was dismissed because the petitioner failed to demonstrate that the prior decision was based on an incorrect application of law or policy. USCIS found that the proposed endeavor lacked national importance, as it did not establish broader implications beyond direct customer benefits or a significant economic impact. The financial and employment projections provided in response to the RFE were deemed insufficient to demonstrate national importance, and new evidence regarding company registration in Florida was not considered as it occurred after the initial denial.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested information regarding the company's projected employment, prospective business partners and clients, anticipated growth, and operational location. The petitioner responded with a letter of intent providing projected revenue based on a prospective partnership with a Florida marketing agency, and financial and employment projections.

RFE Targets
Proposed endeavor has substantial merit and national importanceOn balance, it would benefit the US to waive the job offer and labor certification requirements

Evidence

Evidence Types
Letter Of Support

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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: 2024-10-17.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 1

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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