dismissed EB-2 (NIW)

Information Technology (IT) Instructor

Information Technology (IT) · Nigeria · 2024-05-21

Decision Date
2024-05-21
Location
United States
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 continue working as an IT instructor in the United States, specifically focusing on closing the IT-skills gap and STEM education disparity among economically depressed, underserved, and underrepresented minority groups. He intends to develop curricula and design learning resources for students through nonprofit agencies and global educational programs.

Framework Evaluation

1 of 3 criteria met
1 Well-positioned to Advance Endeavor Met

The Director found the petitioner well positioned to advance his proposed endeavor.

2 Substantial Merit and National Importance Partially Met

The endeavor has substantial merit due to its potential to prepare U.S. workers, but lacks national importance as it does not broadly impact the field.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his endeavor (Prong 1). Although he is an advanced degree professional (Master's in Computer Science) and ranked in the top 10% of instructors in a global program, the work was deemed to have a localized impact similar to the teaching in Matter of Dhanasar, rather than a broad impact on the field of STEM education.

Evidence

Evidence Types
Awards
Government Alignment

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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: 2024-05-21.

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At a Glance

Outcome dismissed
Criteria Met 1 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

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