dismissed EB-2 (NIW) RFE Issued

Educator / Bilingual Educator

K-12 Education · 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 proposes to continue her career as an educator, specifically focusing on facilitating science, technology, engineering, art, and mathematics (STEAM) learning. Her work involves tailoring STEAM curriculum and ensuring access for students, initially across 20 school districts.

Framework Evaluation

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

While the endeavor had substantial merit, it lacked evidence of prospective potential impact to be considered of national importance.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not establish the national importance of her endeavor under the first Dhanasar prong. The AAO noted that educating students, while valuable, does not inherently possess the prospective potential impact required for a national interest waiver, and material changes to the endeavor were made after the initial filing.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE asked for further evidence of eligibility; the petitioner responded by redefining the scope of her endeavor to include 20 school districts.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
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: 2024-07-31.

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At a Glance

Outcome dismissed
RFE Issued
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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