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dismissed EB-2 (NIW)

Foreign Language And Literature Teacher And Entrepreneur

Foreign Language And Literature Teacher And Entrepreneur · 2024-12-05

Decision Date
2024-12-05
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 establish a specialized educational center offering second language learning services and educational support for children with learning difficulties. The mission is to increase proficiency in reading, writing, and speaking by helping children with attention deficit disorders and other behavioral problems improve academic performance, promoting stimulation methods and extracurricular activities.

Framework Evaluation

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

The AAO agreed with the Director that the Petitioner did not establish the national importance of her proposed endeavor, as it did not sufficiently extend beyond the company and its clientele to impact the industry or field more broadly.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of her proposed endeavor under the first prong of the Dhanasar framework. While the Director found substantial merit, the AAO agreed that the endeavor did not demonstrate broader implications or significant potential to employ U.S. workers or create substantial positive economic effects beyond the company and its clientele. The Petitioner claimed 94 jobs would be created, amplified to 181 by a 1.93 multiplier, and projected $2,960,713 in taxes over five years, but these projections were not deemed sufficient to show national importance.

Evidence

Evidence Types
Original Contributions
Industry Articles Or Reports

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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: 2024-12-05.

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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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