dismissed EB-2 (NIW)
Teacher
Early Childhood Education · Brazil · 2024-07-03
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 company providing ADHD-related courses and training for parents, teachers, and coordinators. She initially intends to work as a certified teacher in U.S. schools to gain experience before providing training through her own business.
Framework Evaluation
0 of 3 criteria met1 Substantial Merit and National Importance Partially Met
The endeavor was found to have substantial merit but lacked national importance.
Why This Petition Was Denied
The appeal was dismissed because the petitioner failed to establish eligibility for the underlying EB-2 classification, as her Brazilian degree was not found to be equivalent to a U.S. bachelor's degree. Additionally, under the Dhanasar framework, she failed the first prong because she did not demonstrate that her endeavor had national importance or substantial positive economic effects, despite a business plan projecting 19 hires and $1 million in payroll by year five.
Evidence
Evidence Types
Business Plan
Educational Evaluation
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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: 2024-07-03.
Browse all casesAt a Glance
Outcome dismissed
Criteria Met 0 / 3
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
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