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dismissed EB-2 (NIW)

Teacher

Teacher · 2024-08-29

Decision Date
2024-08-29
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 enter the workforce as a teacher in the United States. The proposed endeavor involves teaching activities, with a later, unverified claim of providing necessary medicine and related education to underserved communities through telehealth innovations such as direct-to-consumer telepharmacy consulting work.

Framework Evaluation

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

USCIS concluded the Petitioner did not describe a specific proposed endeavor beyond seeking to enter the workforce as a teacher, and the teaching activities did not extend beyond students to a level of national importance.

Why This Petition Was Denied

The motion to reconsider was dismissed because the petitioner failed to demonstrate that the Administrative Appeals Office (AAO) erroneously applied law or policy in dismissing the initial appeal. The AAO previously agreed with the Director that the petitioner did not establish the proposed endeavor satisfied the first prong of Matter of Dhanasar, as the teaching activities did not extend beyond students to a level of national importance. The petitioner's arguments on motion were general disagreements without specific legal or policy errors.

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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: 2024-08-29.

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At a Glance

Outcome dismissed
Criteria Met 0 / 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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