dismissed EB-2 (NIW) RFE Issued

Advertising And Marketing Specialist

Advertising And Marketing · Ecuador · 2023-07-26

Decision Date
2023-07-26
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 act as an advertising and marketing specialist to maximize sales and increase revenues for clients ranging from print to TV to digital media providers. The work involves applying marketing strategies to help clients improve their market reach and financial performance.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to meet the threshold for 'exceptional ability' by not satisfying at least three criteria. The AAO found that the Petitioner failed to provide letters from employers proving 10 years of experience, failed to show a qualifying license or certification (as the submitted certificates were post-dated or irrelevant), and failed to demonstrate a salary or remuneration indicative of exceptional ability. Additionally, the evidence provided related to construction and maintenance of sports facilities rather than the proposed field of advertising and marketing.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to satisfy the exceptional ability criteria, including professional memberships. The Petitioner responded with certificates and contracts, which were ultimately found insufficient to establish eligibility.

RFE Targets
eb2 qualification

Evidence

Evidence Types
Original Contributions
High Salary

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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: 2023-07-26.

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At a Glance

Outcome dismissed
RFE Issued
Evidence Types 2

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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