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dismissed EB-2 (NIW)

Social Worker And Proposed Program Director

Social Work And Non-Profit Organization · 2024-08-16

Decision Date
2024-08-16
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 direct a non-profit organization with the intention to expand its operations across the United States. The endeavor involves organizing workshops aimed at socially engaging young people, particularly focusing on juvenile justice, delinquency, and the social, emotional, behavioral, and mental health needs of youth.

Framework Evaluation

0 of 3 criteria met
1 Whether the proposed endeavor has substantial merit and national importance. Not Met

The USCIS found that the petitioner did not establish that her proposed endeavor would sufficiently extend beyond her own company to impact the fields of pedagogy and social work or the U.S. economy more broadly at a level commensurate with national importance, as the evidence focused on the general importance of social work rather than her specific endeavor.

Why This Petition Was Denied

The motion to reconsider was dismissed because the petitioner failed to demonstrate that the prior decision was based on an incorrect application of law or policy. The AAO found that the petitioner's arguments merely reargued facts and issues already considered, specifically regarding the national importance of her proposed endeavor. The evidence, including the personal statement, business plan, and expert letters, was deemed to focus on the general importance of social work rather than the specific national impact of the petitioner's program, thus failing to satisfy the first Dhanasar prong.

Evidence

Evidence Types
Reference Letters Independent
Original Contributions

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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: 2024-08-16.

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At a Glance

Outcome dismissed
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

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