dismissed EB-2 (NIW)
Entrepreneur
Agriculture · 2025-01-14
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 work in the United States as an entrepreneur, specifically focusing on rural management of soybean production and agricultural management and sustainability initiatives.
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 Director recognized that the Petitioner met criteria 8 C.F.R. § 204.5(k)(3)(ii)(A) (degree), (B) (work experience), and (E) (professional memberships), the evidence did not demonstrate that the Petitioner possessed a degree of expertise significantly above that ordinarily encountered in the field of agriculture. Specifically, the evidence did not establish significant contributions recognized by peers or a salary indicative of exceptional ability. Consequently, the Dhanasar prongs for a national interest waiver were not evaluated.
Evidence
Evidence Types
Academic Records
Work Experience
Professional Memberships
Reference Letters Dependent
Certifications
High Salary
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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2025-01-14.
Browse all casesAt a Glance
Outcome dismissed
Evidence Types 7
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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