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dismissed EB-2 (NIW) RFE Issued

Special Education Teacher

Special Education · 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 open a special education support office where she will provide psychopedagogical support, offer consultancy on adapting materials for special education, and deliver lectures on education for children with special needs.

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 specific proposed endeavor, as it did not sufficiently extend beyond her immediate students and customers to enhance societal welfare on a broader scale.

Why This Petition Was Denied

The motion to reopen was dismissed because the Petitioner did not assert new facts or submit new evidence. 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 prior decision found that the Petitioner did not meet the first Dhanasar prong, failing to establish the national importance of her specific proposed endeavor, despite the general importance of special education. Evidence submitted for the motion, while attesting to the Petitioner's achievements, was deemed more relevant to the second Dhanasar prong and did not address the national importance of her specific proposed endeavor.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued a Request for Evidence (RFE). The Petitioner's response to the RFE was considered in the prior decision, which listed and discussed some of the submitted evidence.

Evidence

Evidence Types
Reference Letters Independent
Conference Presentations
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
RFE Issued
Criteria Met 0 / 3
Evidence Types 3

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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