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dismissed EB-2 (NIW) RFE Issued

Entrepreneur

Recruiting International Students, Including STEM Students For U.S. Higher Education Institutions · 2025-02-27

Decision Date
2025-02-27
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 business specializing in recruiting international students, including STEM students, for U.S. higher education institutions. The endeavor aims to place students in universities, with the petitioner arguing this supports the U.S. need for international STEM talent.

Framework Evaluation

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

The petitioner failed to demonstrate that the proposed endeavor of recruiting international students for U.S. higher education institutions had national importance, as it did not show a broader impact beyond its clients or substantial positive economic effects at a national level.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the proposed endeavor under the first prong of the Dhanasar framework. USCIS found that the business plan's projections of 37 employees and net profits of $118,633 in year five lacked supporting details and did not demonstrate substantial positive economic effects at a national level. Additionally, the academic records submitted to prove advanced degrees were not translated in accordance with 8 C.F.R. § 103.2(b)(3), thus lacking evidentiary weight, leading to a disagreement with the Director's initial finding that the petitioner was an advanced degree professional.

Request for Evidence (RFE)

Unsuccessfully Addressed

The decision mentions that the petitioner submitted a response to a Request for Evidence (RFE), but it does not specify the content of the RFE or the petitioner's response, only noting that some submitted documents originated after the petition filing.

Evidence

Evidence Types
Reference Letters Dependent
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: 2025-02-27.

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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 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

Related Pages

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