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dismissed EB-2 (NIW) RFE Issued

Entrepreneur / Accountant

Accounting / Entrepreneurship · 2022-09-09

Decision Date
2022-09-09
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 proposed to operate a business as an entrepreneur and/or seek employment in the field of accounting, claiming it would have a ripple effect across industries and be national in scope.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish eligibility for the underlying EB-2 classification as an individual of exceptional ability. She did not meet at least three regulatory criteria, failing specifically on academic records (lack of link to a defined field), ten years of experience (lack of employer letters with duty descriptions), and salary (lack of comparative data).

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to identify the petitioner's specific occupation and how she met the exceptional ability criteria. The petitioner failed to provide a detailed job description or evidence of recognition in the field.

Evidence

Evidence Types
Original Contributions
High Salary
Professional Memberships

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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: 2022-09-09.

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At a Glance

Outcome dismissed
RFE Issued
Evidence Types 3

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

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