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dismissed EB-2 (NIW) RFE Issued

Language And Literary Musicalization Professor

Education · Brazil · 2023-06-14

Decision Date
2023-06-14
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 work as a Professor of Language and Literary Musicalization, using an innovative program to teach Portuguese language through songs and poetry. The endeavor aims to spread Portuguese language and culture to students, including those in the Brazilian immigrant community, and to expand teaching styles through live performances.

Framework Evaluation

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

While the endeavor was found to have substantial merit, it lacked evidence of national importance as its impact was localized to students and schools.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy the first Dhanasar prong, specifically regarding national importance. The decision noted that while the endeavor had substantial merit, the impact was limited to prospective students and schools rather than the field or economy more broadly; additionally, the petitioner attempted to materially change the endeavor in response to an RFE by introducing a business plan for a new company.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE sought evidence for the first prong; the petitioner responded with a business plan for a new company, which the AAO deemed a material change to the original petition.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent

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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: 2023-06-14.

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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

Related Pages

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

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