dismissed EB-2 (NIW) RFE Issued
Self-Enrichment Teacher
Self-Enrichment Teacher · Brazil · 2024-09-30
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, a self-enrichment teacher, seeks employment-based second preference (EB-2) immigrant classification as an individual of exceptional ability, as well as a national interest waiver of the job offer requirement. Her career involves work as a dancer, business owner, and self-enrichment teacher.
Why This Petition Was Denied
The appeal was dismissed because the Petitioner failed to establish eligibility for the underlying EB-2 classification as an individual of exceptional ability. The Director's finding that the Petitioner met at least three of the six evidentiary criteria was withdrawn, with the AAO concluding she only met one criterion (academic record). The decision explicitly declined to evaluate the three Dhanasar prongs for the national interest waiver.
Request for Evidence (RFE)
Unsuccessfully AddressedThe Director's request for evidence did not constitute a finding of eligibility or approval of a petition.
Evidence
Evidence Types
Academic Records
Letters From Employers
Licenses Or Certifications
Salary Or Remuneration
Membership In Associations
Recognition For Achievements
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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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-09-30.
Browse all casesAt a Glance
Outcome dismissed
RFE Issued
Evidence Types 6
EB-2 (NIW) Case Data
Scraped Case Data
Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671
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