dismissed EB-2 (NIW)

Skydiving Instructor

Skydiving Instructor · 2024-12-02

Decision Date
2024-12-02
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 continue his career in the United States as a skydiving instructor. He claims his work would impact the health of individuals and address a shortage in his field.

Framework Evaluation

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

The petitioner did not establish that his endeavor as a skydiving instructor would result in broader implications at a level commensurate with national importance or substantial economic effects.

Why This Petition Was Denied

The motion to reconsider was dismissed because the petitioner failed to establish that the prior decision was based on an incorrect application of law or policy. The AAO previously determined that the petitioner did not meet the first prong of the Dhanasar framework, as his endeavor as a skydiving instructor was not shown to have national importance or substantial economic effects.

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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: 2024-12-02.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

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