dismissed EB-2 (NIW)
Scuba Diving And Water Rescue Instruction
Water Rescue Training Facility ยท 2024-05-14
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 intends to operate a water rescue training facility specializing in instructing members of law enforcement in scuba diving and water rescue.
Framework Evaluation
0 of 3 criteria met1 Substantial Merit and National Importance Not Met
While the endeavor had substantial merit, it lacked national importance as it did not demonstrate a broad impact on the field or significant economic potential.
Why This Petition Was Denied
The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor under the first Dhanasar prong. Furthermore, the petitioner did not address specific conclusions reached by the Director on appeal, and the AAO declined to reach the issue of EB-2 eligibility or the remaining Dhanasar prongs as the first prong failure was dispositive.
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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: 2024-05-14.
Browse all casesAt a Glance
Outcome dismissed
Criteria Met 0 / 3
EB-2 (NIW) Case Data
Scraped Case Data
Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674
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