dismissed EB-2 (NIW)

Foreign Language And Literature Teacher And Entrepreneur

Education · 2025-03-28

Decision Date
2025-03-28
Location
New Jersey
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 proposed to establish an education center in New Jersey that will provide bilingual education using American Sign Language (ASL) and Brazilian Sign Language (Libras), as well as English and Portuguese. The company will also offer comprehensive services including educator training and certification, interpretation, educational material development, accessibility consulting, inclusion and awareness programs, and family support services.

Framework Evaluation

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

USCIS agreed the endeavor had substantial merit but found the petitioner did not establish national importance, as economic projections lacked detail and broader impact was not sufficiently demonstrated.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish national importance under Dhanasar Prong 1. While the endeavor had substantial merit, the projected employment of 37 employees and over $1.9 million net profit by the fifth year were not supported by details showing their basis and were not deemed to demonstrate a significant potential to substantially impact the regional or national economy. Recommendation letters praised the petitioner's abilities but lacked persuasive detail on the broader impact of the endeavor beyond her students. The argument regarding the shortage of ASL interpreters was noted, but the petitioner did not establish her endeavor would significantly reduce this national shortage.

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: 2025-03-28.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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