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dismissed EB-2 (NIW) RFE Issued

Priest

Religious / Ukrainian Orthodox Church Of The USA · Ukraine · 2023-07-06

Decision Date
2023-07-06
Location
Connecticut
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 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.

Framework Evaluation

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

The endeavor was found to have substantial merit but lacked national importance as its impact was limited to a local congregation.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the proposed endeavor (Prong 1). While the endeavor had substantial merit, the record did not show broader implications beyond a local congregation, nor did it demonstrate substantial positive economic effects; additionally, claims regarding the Ukrainian invasion crisis were viewed with skepticism as they arose after the filing date.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE asked for evidence across all three Dhanasar prongs; the petitioner provided an expert opinion and personal statements which were ultimately found insufficient to prove national importance.

RFE Targets
Substantial Merit and National Importanceprong 2prong 3

Evidence

Evidence Types
Reference Letters Dependent
Government Alignment
Expert Opinion

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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: 2023-07-06.

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At a Glance

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

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

Related Pages

EB-2 (NIW) Overview EB-2 (NIW) in Ukraine All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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