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dismissed EB-2 (NIW) RFE Issued

Educator Entrepreneur

Education · 2024-08-06

Decision Date
2024-08-06
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 establish a non-profit organization that will provide learning and promote science among Hispanic and/or low-income students from preschool to high school. This will be achieved through workshops, courses, mass events, support in national and international competitions, summer camps, master classes, museum visits, experiments, and volunteering.

Framework Evaluation

1 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Met

The Director determined that the Petitioner's proposed endeavor had substantial merit and national importance, a finding which the AAO did not disturb.

2 The individual is well positioned to advance their proposed endeavor Not Met

The Petitioner failed to establish she was well-positioned, lacking sufficient evidence of a record of success, a detailed plan, progress, or interest from relevant entities.

3 On balance, waiving the job offer requirement would benefit the United States Not Met

The Director concluded the Petitioner did not submit sufficient documentary evidence to demonstrate that, on balance, waiving the job offer requirement would benefit the U.S.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish that she was well-positioned to advance her proposed endeavor (Dhanasar Prong 2). While the Director found Prong 1 (substantial merit and national importance) was met, Prong 2 was not satisfied due to insufficient evidence of a record of success, a detailed business plan with financial projections, progress towards the endeavor, or concrete interest from investors or relevant entities. The expert letters submitted were deemed to have little probative value as they did not detail how the Petitioner was well-positioned to advance the endeavor.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence for the second and third Dhanasar prongs. The petitioner submitted a business plan and additional recommendation letters, but these were found insufficient to demonstrate being well-positioned or that a waiver would benefit the U.S.

RFE Targets
The individual is well positioned to advance their proposed endeavorOn balance, waiving the job offer requirement would benefit the United States

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: 2024-08-06.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 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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