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dismissed EB-2 (NIW) RFE Issued

Preschool And Drama Teacher

Teaching Field · Portugal · 2024-07-19

Decision Date
2024-07-19
Location
NJ
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 work as a preschool and drama teacher at a daycare center in New Jersey. The work involves early childhood education and sociocultural moderation through theater and pedagogical skills. The goal is to provide instruction and development for young children using drama and education methodologies.

Why This Petition Was Denied

The petitioner did not meet the advanced degree requirement as she lacked five years of post-baccalaureate experience and her degree was found equivalent only to three years of U.S. study. For exceptional ability, while she met three initial criteria (degree, credential, memberships), she failed the final merits determination because her skills and salary did not exceed those of an ordinary teacher. Consequently, she did not qualify for the EB-2 classification necessary for an NIW.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence for EB-2 eligibility and the Dhanasar prongs; the petitioner provided additional credentials and letters, but failed to prove five years of experience or exceptional expertise.

RFE Targets
eb2 qualificationprong 1prong 2prong 3

Evidence

Evidence Types
Professional Memberships
Awards
Media Coverage
Reference Letters Dependent
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

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-07-19.

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At a Glance

Outcome dismissed
RFE Issued
Evidence Types 5

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

Related Pages

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

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