dismissed EB-2 (NIW) RFE Issued

Special Education Teacher

Special Education Teacher · 2024-12-11

Decision Date
2024-12-11
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's proposed endeavor involves working as a special education teacher. The petitioner sought to clarify the scope of this endeavor, contending it has national importance due to intrinsic societal benefits.

Framework Evaluation

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

The Petitioner did not establish the national importance of her proposed endeavor, failing to meet the first prong of the Dhanasar framework.

Why This Petition Was Denied

The petition was denied because the Petitioner failed to establish the national importance of her proposed endeavor, specifically not meeting the first prong of the Dhanasar framework. New evidence submitted with motions to reopen was not considered because it was not shown to be unavailable at the time of the RFE, and the motions did not establish an incorrect application of law or policy in prior decisions.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to establish the national importance of the petitioner's proposed endeavor. The petitioner later submitted new evidence, but it was not considered because it was not shown to be unavailable at the time of the RFE.

RFE Targets
Proposed endeavor has substantial merit and national importance

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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: 2024-12-11.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,814
Success Rate 53.6%
Sustained 2,046
Dismissed 1,672

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