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dismissed EB-2 (NIW)

Entrepreneur

Early Childhood Education · 2024-08-27

Decision Date
2024-08-27
Location
Massachusetts
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 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.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance. Not Met

The proposed endeavor was found to have substantial merit, but the petitioner failed to establish national importance due to unsubstantiated economic projections and lack of evidence for broader impact.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish eligibility for the underlying EB-2 advanced degree classification, as her foreign degree was not equivalent to a U.S. bachelor's degree and she lacked five years of progressive experience. Furthermore, regarding the NIW, while the endeavor had substantial merit, the petitioner did not prove national importance, failing to sufficiently support projections of 79 employees and $20 million in revenue with $11.3 million in wages, or demonstrate a broader impact beyond prospective students, or in economically depressed areas, or setting national educational precedents.

Evidence

Evidence Types
Reference Letters Dependent
Business Plan

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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: 2024-08-27.

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At a Glance

Outcome dismissed
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

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