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dismissed EB-2 (NIW) RFE Issued

Fitness Director

Fitness Director · 2025-03-11

Decision Date
2025-03-11
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 work as a fitness director. The endeavor involves providing services or operating a business in the fitness field, with the aim of having a broad and impactful reach on a national scale.

Framework Evaluation

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

The AAO found that the petitioner did not demonstrate that her proposed endeavor as a fitness director had broader implications in her field or that her services would largely influence the field and rise to the level of national importance, unlike the scientific researcher in Dhanasar.

Why This Petition Was Denied

The motion to reconsider was dismissed because the petitioner failed to establish that the AAO's prior decision was based on an incorrect application of law or policy. Specifically, the petitioner did not demonstrate that her proposed endeavor as a fitness director met the first prong of the Dhanasar framework, as it lacked broader implications or national importance comparable to a scientific researcher. The AAO found the evidence, including the training plan, expert opinion letter, and probative research, insufficient to establish eligibility under the preponderance of the evidence standard.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued an RFE, and the petitioner submitted a response including a training plan, expert opinion letter, and probative research to demonstrate national importance. However, the AAO found the response insufficient to establish eligibility, particularly for the first Dhanasar prong.

RFE Targets
Proposed endeavor has substantial merit and national importance

Evidence

Evidence Types
Expert Letters Independent
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: 2025-03-11.

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

Related Pages

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