dismissed EB-2 (NIW)

Teacher

Early Childhood Education · Brazil · 2024-07-03

Decision Date
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 met
1 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

Similar Cases

Entrepreneur

Education

USCIS EB-2 (NIW) dismissed
Massachusetts 2025-01-16
The Petitioner's stated endeavor is to establish an educational services firm that provides Christian education, headquartered in Massachusetts.

Entrepreneur

Education

USCIS EB-2 (NIW) dismissed
Massachusetts 2024-08-27
The petitioner proposes to establish an educational services firm providing early school Christian education. This firm is planned to be headquartered in Massachusetts with two business units in Rhode Island and Connecticut, aiming to generate jobs and improve the economy.

Teacher

Education

USCIS EB-2 (NIW) rfe dismissed
Massachusetts 2023-12-26
The petitioner intends to open an education center in Massachusetts to assist children aged 0-5 with special needs and provide after-school courses for children aged 4-11 to assist with educational and training requirements.

Education Administrator

Education · Brazil

USCIS EB-2 (NIW) rfe dismissed
California 2024-06-24
The petitioner proposes to work as an entrepreneur in the education sector by opening three businesses in California: physical language schools, an exchange consulting company for foreign schools, and a teacher outsourcing service. The endeavor aims to provide educational enrichment, tourism, and English immersion for children aged 6 weeks to 12 years.

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 cases

At 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

Get Case Insights

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

Join Waitlist