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dismissed EB-2 (NIW) RFE Issued

Secondary School Teacher Focusing On Language Education

Language Education · 2024-06-11

Decision Date
2024-06-11
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 a secondary school teacher focusing on language education in public schools. She aims to create and implement a Portuguese curriculum for secondary schools, teaching it as both a foreign and heritage language, and establishing a multilingual tutoring program.

Framework Evaluation

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

The endeavor has substantial merit but the petitioner failed to show that her specific teaching and curriculum work has implications reaching a level of national importance.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of her endeavor (Prong 1). While the work has substantial merit, the evidence did not show broader implications for the field of education or substantial economic benefits, and much of the supporting evidence related to work started after the petition was filed.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to establish eligibility under the Dhanasar framework; the petitioner provided a revised professional plan and additional letters, but failed to establish national importance.

RFE Targets
Substantial Merit and National Importanceprong 2prong 3

Evidence

Evidence Types
Reference Letters Dependent
Media Coverage
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: 2024-06-11.

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At a Glance

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

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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