dismissed EB-2 (NIW)
Entrepreneur And Swim Instructor
Swimming And Swim Instruction · 2024-08-01
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, an entrepreneur and swim instructor, seeks to continue her work in swimming and swim instruction. Her proposed endeavor involves developing special programs for children with special needs and implementing specific methodologies in swimming, aiming to contribute to the industry.
Why This Petition Was Denied
The appeal was dismissed because the petitioner failed to establish eligibility for the EB-2 classification as an individual of exceptional ability. The Director found, and the AAO affirmed, that the petitioner only met one of the six required criteria (academic record related to exceptional ability) and did not demonstrate a degree of expertise significantly above that ordinarily encountered in her field. Specifically, she lacked 10 years of full-time experience, did not provide evidence of a license or certification, did not demonstrate a salary commensurate with exceptional ability, and failed to prove membership in a professional association or recognition for significant contributions to the industry. The AAO reserved its opinion on the Dhanasar prongs as the underlying EB-2 eligibility was not met.
Evidence
Evidence Types
Academic Records
Reference Letters Dependent
Professional Memberships
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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-08-01.
Browse all casesAt a Glance
Outcome dismissed
Evidence Types 4
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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