Visalytics
Visalytics
dismissed EB-2 (NIW)

Ordained Minister, Musician, And Piano Player

Religious/Faith-Based · Uzbekistan · 2024-03-18

Decision Date
2024-03-18
Location
Pennsylvania
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 work as a religious education director and pastor to start a musical church in Pennsylvania. The endeavor includes establishing a food bank, organizing food drives, and creating a faith-based recovery center to help women recover from abuse and addiction.

Framework Evaluation

1 of 3 criteria met
1 Well-positioned to Advance the Endeavor Met

The Director originally found the petitioner well-positioned, though the AAO did not re-evaluate this in detail due to failure on other grounds.

2 Substantial Merit and National Importance Not Met

While the endeavor has substantial merit, it lacks national importance as the benefits are localized to the church's congregation and immediate community.

3 On Balance, Beneficial to Waive Job Offer Not Met

The petitioner did not demonstrate that the benefits of her work outweigh the protections provided by the labor certification process.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not qualify for EB-2 classification, lacking five years of post-baccalaureate experience. Additionally, the proposed endeavor failed the first Dhanasar prong as it lacked evidence of national importance or broader impact on the mental health or social services industries.

Evidence

Evidence Types
Government Alignment
Letters
Articles

Similar Cases

Pastor

Others · Ukraine

USCIS EB-2 (NIW) rfe dismissed
Connecticut 2023-07-06
The petitioner proposes to serve as a priest for the Ukrainian Orthodox Church of the USA in Connecticut. The endeavor involves providing ongoing spiritual care, emotional support, and religious services to the church community, including potential support for war refugees and wounded soldiers.

Professor

Education · Brazil

USCIS EB-2 (NIW) rfe dismissed
Florida 2023-06-14
The petitioner proposes to work as a Professor of Language and Literary Musicalization, using an innovative program to teach Portuguese language through songs and poetry. The endeavor aims to spread Portuguese language and culture to students, including those in the Brazilian immigrant community, and to expand teaching styles through live performances.

Others

Others

USCIS EB-2 (NIW) rfe remanded
2024-05-24
The petitioner proposes to serve as a chaplain providing a holistic approach to health through spiritual care and the promotion of healthy lifestyles. He intends to partner with healthcare systems and the U.S. military to provide these spiritual caregiving services.

Pastor

Others

USCIS EB-2 (NIW) dismissed
2024-08-12
The petitioner proposes to work as a pastor, offering pastoral counseling services and growing a firm that will engage other skilled counselors. The endeavor aims to engage troubled communities to teach coping mechanisms for responsible citizenship amidst grief and hurting.

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 Others cases More cases from Uzbekistan

Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-03-18.

Browse all cases

At a Glance

Outcome dismissed
Criteria Met 1 / 3
Evidence Types 3

EB-2 (NIW) Case Data

Scraped Case Data

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

Related Pages

EB-2 (NIW) Overview EB-2 (NIW) in Uzbekistan 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