Visalytics
Visalytics
dismissed EB-2 (NIW) RFE Issued

Entrepreneur And Jiu-Jitsu Instructor

Jiu-Jitsu Industry · 2024-09-03

Decision Date
2024-09-03
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 an entrepreneur and jiu-jitsu instructor. His endeavor involves operating an academy, utilizing his marketing degree to attract students and publicize his work, and contributing to health, education, and cultural diversity through martial arts.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish eligibility for the EB-2 classification as an individual of exceptional ability. The Director found, and the AAO affirmed, that the Petitioner only met two of the six exceptional ability criteria (academic record and 10+ years experience). Specifically, the Petitioner did not provide evidence of a required license/certification, did not demonstrate a salary indicative of exceptional ability, failed to prove membership in professional associations as defined by regulation, and did not establish significant contributions to the industry through recommendation letters. The AAO reserved opinion on the Dhanasar prongs due to the failure to meet the underlying EB-2 criteria.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence regarding the Petitioner's salary to demonstrate exceptional ability. The Petitioner responded with an accountant's affidavit and a website snapshot of average martial arts teacher wages. However, the website was inaccessible, and the provided salary information was deemed not comparable or verifiable by USCIS.

Evidence

Evidence Types
Reference Letters Dependent
High Salary
Professional Memberships
Original Contributions
Academic Records
Experience Letters

Similar Cases

Entrepreneur

Sports · Brazil

USCIS EB-2 (NIW) rfe dismissed
Florida 2024-07-25
The Petitioner intends to operate a martial arts sports entertainment business in the United States. This includes holding mixed martial arts tournaments and developing a program to teach mixed martial arts to children and adults with low incomes.

Entrepreneur

Sports

USCIS EB-2 (NIW) dismissed
2024-11-21
The petitioner proposes to operate as an entrepreneur and instructor in the field of martial arts. The endeavor involves a business plan with staffing and revenue projections, aiming to have implications for the martial arts field and the U.S. economy, potentially through job creation and positive economic effects.

Teacher

Sports

USCIS EB-2 (NIW) rfe dismissed
2025-01-08
The petitioner proposes to establish and work as an instructor at the first degree-granting martial arts college in the United States, focusing on traditional Chinese martial arts and culture. This endeavor aims to contribute to the development of a successful society through education.

Athlete

Sports · Uzbekistan

USCIS EB-2 (NIW) rfe dismissed
New York 2025-04-02
The petitioner proposes to operate as an MMA athlete and trainer through his company in New York. He intends to compete in national championships, provide master classes to advance U.S. athletes' careers, and host MMA championships to promote the sport and improve public health.

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.

Browse More Cases

More dismissed cases More Sports cases

Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-09-03.

Browse all cases

At a Glance

Outcome dismissed
RFE Issued
Evidence Types 6

EB-2 (NIW) Case Data

Scraped Case Data

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

Related Pages

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

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist