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dismissed EB-2 (NIW)

Fitness Trainer And Entrepreneur

Fitness Trainer And Entrepreneur · 2024-07-31

Decision Date
2024-07-31
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, a fitness trainer and entrepreneur, seeks to work in the United States, though the specific details of the proposed endeavor's methodology or impact are not elaborated upon in the motion decision.

Framework Evaluation

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

The Director found the petitioner did not satisfy this prong, and the petitioner failed to contest specific findings on appeal.

2 Well-positioned to Advance the Endeavor Not Met

The Director found the petitioner did not satisfy this prong.

3 Balance of Interests Not Met

The Director found the petitioner did not satisfy this prong.

Why This Petition Was Denied

The motion was dismissed because the petitioner failed to state new facts for a motion to reopen or demonstrate legal/policy errors for a motion to reconsider. The underlying appeal was summarily dismissed because the petitioner did not identify any specific error in the Director's finding that none of the three Dhanasar prongs were met.

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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: 2024-07-31.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3

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

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