Visalytics
Visalytics
dismissed EB-2 (NIW) RFE Issued

Martial Arts Educator

Martial Arts Educator · 2025-01-08

Decision Date
2025-01-08
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 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.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

The Director found substantial merit but concluded the endeavor lacked national importance, a finding affirmed on appeal. The teaching activities and proposed college did not demonstrate broader implications or sufficient economic impact.

2 The individual is well-positioned to advance their proposed endeavor Not Met

The Director concluded the petitioner was not well-positioned to advance the endeavor, and this finding was affirmed. Evidence did not show a role beyond a faculty member in the proposed college.

3 On balance, waiving the job offer requirement would benefit the United States Not Met

The Director concluded that waiving the job offer requirement would not benefit the United States, and this finding was affirmed. This was based on the failure to meet the first two prongs.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish eligibility for EB-2 classification as an advanced degree professional (due to insufficient evidence of degree equivalency and 5 years of progressive experience) or as an individual of exceptional ability (only met 2 of 6 criteria). Furthermore, the petitioner failed to satisfy the first prong of the Dhanasar framework, as the proposed endeavor lacked demonstrated national importance beyond the immediate organization and its students. The Director's findings on all three Dhanasar prongs were affirmed.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence for membership in professional associations. The petitioner provided an updated membership certificate, but the association did not meet the regulatory definition of a professional association.

Evidence

Evidence Types
Academic Degree
License Or Certification
Reference Letters Dependent
Awards
Professional Memberships

Similar Cases

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.

Others

Sports

USCIS EB-2 (NIW) dismissed
2024-05-28
The petitioner proposes to work as a martial arts instructor in the United States. The endeavor focuses on providing instruction and training in martial arts disciplines.

Others

Others

USCIS EB-2 (NIW) rfe dismissed
2023-03-24
The petitioner is a martial arts instructor seeking to continue their work in the United States. However, the decision notes that inconsistent representations obscured the specific nature of the proposed endeavor.

Entrepreneur

Sports

USCIS EB-2 (NIW) rfe dismissed
2024-09-03
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.

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: 2025-01-08.

Browse all cases

At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 5

EB-2 (NIW) Case Data

Scraped Case Data

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

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