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dismissed EB-2 (NIW) RFE Issued

Education Administrator And Entrepreneur

Education Sector · Brazil · 2024-06-24

Decision Date
2024-06-24
Location
California
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 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.

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 as it did not show broader implications for the field or U.S. economy.

2 Well-positioned to Advance the Endeavor Not Met

The petitioner did not establish the required educational or professional qualifications for the underlying EB-2 classification.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish eligibility for the EB-2 classification, as her foreign degree was found equivalent to only 2-3 years of U.S. university study. Additionally, the proposed endeavor failed the first Dhanasar prong for lacking national importance, as the projected $1.6 million in wages and $200,000 investment did not demonstrate substantial positive economic effects.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence of EB-2 eligibility and further details on the proposed endeavor. The petitioner responded by changing her proposed role from an administrator to an entrepreneur and providing a business plan.

RFE Targets
Substantial Merit and National ImportanceWell-positioned to Advance the Endeavor

Evidence

Evidence Types
Reference Letters Dependent
Professional Memberships

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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: 2024-06-24.

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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 3,814
Success Rate 53.6%
Sustained 2,046
Dismissed 1,672

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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