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dismissed EB-2 (NIW) RFE Issued

Educational Teacher And Entrepreneur

Educational Teacher And Entrepreneur · 2023-12-26

Decision Date
2023-12-26
Location
Massachusetts
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 intends to open an education center in Massachusetts to assist children aged 0-5 with special needs and provide after-school courses for children aged 4-11 to assist with educational and training requirements.

Framework Evaluation

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

The evidence did not show that the specific education center would impact the field more broadly or have significant potential to employ U.S. workers.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not establish the national importance of her endeavor under the first Dhanasar prong. While she provided industry reports on teacher shortages and a business plan, the evidence did not show her specific center would have broader implications beyond its immediate clientele or provide substantial positive economic effects.

Request for Evidence (RFE)

Unsuccessfully Addressed

The petitioner responded to a notice of intent to deny with a brief reiterating the benefits of her profession and qualifications, but failed to provide new evidence to overcome the initial findings regarding national importance.

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: 2023-12-26.

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

Related Pages

EB-2 (NIW) Overview All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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