dismissed EB-2 (NIW) RFE Issued
Administrative Services Manager / Entrepreneur
Administrative Services Manager / Entrepreneur · 2024-11-07
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.
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. Although the Petitioner met three of the six initial evidentiary criteria, the record lacked sufficient objective evidence to demonstrate a degree of expertise significantly above that ordinarily encountered in the field. Testimonial letters from supervisors and colleagues did not assert that her achievements went beyond what is normally encountered, and an independent expert letter did not elaborate on the pivotal or critical nature of her past roles. Since the Petitioner did not qualify for EB-2, the AAO declined to evaluate the national interest waiver under the Dhanasar framework.
Request for Evidence (RFE)
Unsuccessfully AddressedThe Director issued an RFE regarding the Petitioner's eligibility for exceptional ability. The Petitioner responded by asserting she met at least five of the six regulatory criteria, including recognition of achievements and significant contributions, and ten years of work experience.
RFE Targets
eb2 qualification
Evidence
Evidence Types
Reference Letters Dependent
Original Contributions
Reference Letters Independent
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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
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-11-07.
Browse all casesAt 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
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