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dismissed EB-2 (NIW)

Entrepreneur

Special Education Business For Children · Brazil · 2024-04-25

Decision Date
2024-04-25
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 establish and manage a special education business for children with learning disabilities. The business aims to provide services for quality of life and inclusion through professionals in health, education, speech therapy, physiotherapy, psychology, and occupational therapy.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Partially Met

The Director found the endeavor had substantial merit but lacked national importance.

2 Well-positioned to Advance the Endeavor Not Met

The Director did not address this prong.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Director found the petitioner did not demonstrate that waiving the job offer requirement would benefit the United States.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish eligibility for the underlying EB-2 classification. Specifically, she lacked five years of post-baccalaureate progressive experience in the specialty. Her prior experience in building maintenance, food supplements, and marketing did not relate to the specialty of special education, and one period of experience occurred before she attained her degree.

Evidence

Evidence Types
Original Contributions
Reference Letters Dependent

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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: 2024-04-25.

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

Related Pages

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

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