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dismissed EB-2 (NIW) RFE Issued

Coordinator And Facilitator

Foreign Languages Training And Knowledge Of Different Cultures · 2024-04-17

Decision Date
2024-04-17
Location
New Jersey (previously mentioned)
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 found a multicultural integration program and startup company focusing on foreign language training and cultural exchange for school-aged children, specifically targeting the Hispanic community. The program would operate as an after-school center offering homework assistance, art, dance, and technology classes, with scholarships for low-income families.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Partially Met

The endeavor was found to have substantial merit but lacked national importance due to its localized impact.

2 Well-positioned to Advance the Endeavor Not Met

The Director found this prong was not met, and the AAO declined to reach a final conclusion as Prong 1 was dispositive.

3 Balance of Interests Not Met

The Director found this prong was not met, and the AAO declined to reach a final conclusion.

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 proposed business was found to have only local impact with minimal projected employment (15 workers by year five) and lacked broader implications for the field or significant economic benefit to the U.S.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to satisfy the three-prong Dhanasar framework. The petitioner provided a business plan and general education publications, which failed to demonstrate national importance.

RFE Targets
Substantial Merit and National ImportanceWell-positioned to Advance the EndeavorBalance of Interests

Evidence

Evidence Types
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: 2024-04-17.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 1

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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