dismissed EB-2 (NIW)

Automotive Technician

Automotive · Brazil · 2025-02-13

Decision Date
2025-02-13
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 petition was dismissed because the Petitioner failed to establish eligibility for exceptional ability. Specifically, the AAO found that the Petitioner did not meet the criterion at 8 C.F.R. § 204.5(k)(3)(ii)(A), which requires an official academic record related to the area of exceptional ability. Despite a credential evaluation, the Petitioner lacked the required degree, and unsubstantiated assertions about military training equivalency were not considered evidence. As a result, the Petitioner did not satisfy three of the six criteria required for a final merits determination of exceptional ability.

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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: 2025-02-13.

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At a Glance

Outcome dismissed

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,814
Success Rate 53.6%
Sustained 2,046
Dismissed 1,672

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