dismissed EB-2 (NIW) RFE Issued

Martial Arts Instructor

Martial Arts · 2023-03-24

Decision Date
2023-03-24
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 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.

Framework Evaluation

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

Inconsistent representations obscured the nature of the endeavor, rendering it impossible to evaluate its merit or importance.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not meet at least three of the six regulatory criteria for exceptional ability under 8 C.F.R. § 204.5(k)(3)(ii). Additionally, the petitioner's inconsistent representations prevented a finding of substantial merit or national importance for the proposed endeavor.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE addressed the petitioner's exceptional ability status and the merits of the proposed endeavor, but the response failed to resolve inconsistencies.

RFE Targets
Substantial Merit and National Importance

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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: 2023-03-24.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3

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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