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dismissed EB-2 (NIW) RFE Issued

Entrepreneur (Accounting/Photography)

Accounting And Photography · Belarus · 2022-09-15

Decision Date
2022-09-15
Location
Florida
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 initially proposed to seek employment in the accounting field to utilize analytical skills within a corporate environment. Later, she proposed to establish a photography business headquartered in Florida that would sell framed photographs to U.S. restaurants to help advertise their meals and services.

Framework Evaluation

0 of 3 criteria met

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to meet at least three of the six regulatory criteria for exceptional ability, satisfying only the academic record criterion. Additionally, the petitioner made material changes to the petition by switching the proposed field from accounting to photography after the filing date, and failed to provide a consistent description of the prospective occupational field.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director requested a detailed description of the Petitioner's proposed employment. The Petitioner responded by shifting her focus from accounting to establishing a photography business.

RFE Targets
eb2 qualification

Evidence

Evidence Types
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.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2022-09-15.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 1

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 Belarus All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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