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dismissed EB-2 (NIW) RFE Issued

Instructional Coordinator

Education · 2024-01-11

Decision Date
2024-01-11
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 create a virtual reality education tool for kindergarten students. The project aims to use VR glasses to deliver songs, videos, and pictures to improve educational outcomes and make U.S. education more effective and affordable.

Framework Evaluation

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

The record lacked specifics about the VR product's hardware, software, and content, failing to show a broad impact on the field of education.

Why This Petition Was Denied

The motion was dismissed because the petitioner failed to establish the national importance of the endeavor (Prong 1). Evidence such as sample lesson plans and unsigned letters from the Department of Education were deemed not probative or credible, and the business plan lacked technical specifics.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE sought evidence of national importance; the petitioner provided a business plan and letters, but failed to provide technical specifics or credible expert support.

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: 2024-01-11.

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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 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

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