dismissed EB-2 (NIW)

Teacher

Yoruba Self-Enrichment Education Endeavor · Nigeria · 2024-12-02

Decision Date
2024-12-02
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 engage in a Yoruba self-enrichment education endeavor. This includes developing comprehensive training programs for educators in Yoruba language and heritage, establishing 5 new centers in strategic locations by 2029, and engaging the community.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

USCIS agreed the endeavor had substantial merit but found it lacked national importance, as its impact was not shown to extend beyond program participants or offer broader innovations. Economic projections were not credibly supported.

2 The individual is well-positioned to advance their proposed endeavor Not Met

The petitioner was found not well-positioned, as his primary education and experience were in accounting and finance, not directly in Yoruba language and heritage education.

3 On balance, it would benefit the US to waive the job offer and labor certification requirements Not Met

USCIS declined to evaluate this prong as the first two prongs were not met, making a determination on the waiver's benefit to the U.S. unnecessary.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish national importance under Dhanasar's first prong, as the endeavor's impact was not shown to extend beyond participants or offer broader innovations. Despite projecting to create a minimum of 50 new jobs and offering financial projections, these were not supported by probative evidence. The petitioner also failed to demonstrate being well-positioned for the endeavor (second prong), given his primary background in accounting and finance, contrasting with the qualifications of typical Yoruba instructors.

Evidence

Evidence Types
Reference Letters Dependent

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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: 2024-12-02.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 1

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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