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dismissed EB-2 (NIW) RFE Issued

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Early Childhood Education Entrepreneur · Colombia · 2024-07-05

Decision Date
2024-07-05
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 open and manage a daycare center in Florida called 'The Company' (name redacted in text), providing bilingual STEAM-focused educational services to infants and young children. He intended to expand the business to four additional locations by the fifth year of operation.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

The endeavor has substantial merit but lacks national importance as it does not show broader implications for the field or significant economic impact.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor (Prong 1) and submitted conflicting business plans that constituted an impermissible material change. The updated business plan exponentially increased staffing projections from 9 to 377 employees and revenue from $1.43 million to $55.3 million without objective substantiation.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE sought to establish national importance. The petitioner responded with a revised business plan that drastically changed staffing and revenue projections, which was deemed an impermissible material change.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions

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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: 2024-07-05.

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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 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

Related Pages

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

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