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dismissed EB-2 (NIW)

Education Administrator

Educational Sector · 2024-05-01

Decision Date
2024-05-01
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 operate an educational consulting company in Florida providing services such as school expansion management, marketing strategies, strategic planning, and IT systems. The endeavor aims to coordinate student instruction and administrative services while providing business restructuring for organizations within the educational sector.

Framework Evaluation

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

The endeavor has substantial merit but lacks evidence of potential prospective impact or broader implications for the field to establish national importance.

2 Well-positioned to Advance the Endeavor Not Met

The Director found this prong was not satisfied, and the AAO declined to reach a detailed alternative finding.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Director found this prong was not satisfied, and the AAO declined to reach a detailed alternative finding.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor under the first Dhanasar prong. The record lacked evidence of broader implications for the field or significant economic impact, and the petitioner's claims on appeal regarding international trade and a different individual's business actions were inconsistent with the original filing.

Evidence

Evidence Types
Original Contributions
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: 2024-05-01.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 2

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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