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dismissed EB-2 (NIW) RFE Issued

Language Translation Company Owner/Teacher

Language Teaching, Translation, And Interpretation ยท 2024-07-09

Decision Date
2024-07-09
Location
Florida
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 operate a language translation and interpretation company in Florida, initially focusing on Portuguese but expanding to other languages. The endeavor includes teaching languages, training teachers and professionals, and providing consulting services to international trade companies.

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 it has national importance or broader implications for the field.

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. Although the business plan projected 60 short-term jobs and revenue growing from $755,000 to $8.5 million, the petitioner did not provide corroborating evidence or demonstrate that these figures would result in substantial positive economic effects for the region or nation.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to satisfy the Dhanasar prongs; the petitioner submitted a business plan and arguments regarding trade initiatives.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Government Alignment
Business Plan

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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: 2024-07-09.

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

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