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dismissed EB-2 (NIW)

Entrepreneur And Instructor

Martial Arts · 2024-11-21

Decision Date
2024-11-21
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 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.

Framework Evaluation

0 of 3 criteria met
1 Proposed endeavor has substantial merit and national importance Not Met

The Director determined that while the proposed endeavor had substantial merit, the Petitioner did not establish its national importance, lacking evidence of implications for the field or U.S. economy on a national scale, or significant potential for job creation or substantial positive economic effects.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish eligibility under the first prong of the Dhanasar test, specifically regarding the national importance of the proposed endeavor. The Director found the business plan's staffing and revenue projections lacked adequate explanation and evidentiary support to demonstrate national importance. Recommendation letters and industry articles were deemed insufficient as they did not specifically address the national importance of the Petitioner's unique endeavor. The Petitioner's credentials and experience were noted as relevant to Prong 2, but not Prong 1, which was the basis for denial.

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions
Commercial Success

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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: 2024-11-21.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 3

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

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