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dismissed EB-2 (NIW) RFE Issued

Bakery And Pastry Chef

Bakery And Pastry · Brazil · 2024-07-11

Decision Date
2024-07-11
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 seeks to work in the United States as a bakery and pastry chef. The record does not provide specific details on a research area or methodology, focusing instead on her general professional practice in the culinary field.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to meet the threshold EB-2 exceptional ability classification. While she satisfied the criteria for an academic degree and ten years of experience, she failed to provide sufficient evidence for professional certification, exceptional salary, membership in professional associations, or recognition for significant contributions to the field.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to satisfy the exceptional ability criteria; the petitioner provided certificates of short-term courses and a letter attesting to earnings which lacked proper translation and relevance.

RFE Targets
eb2 qualification

Evidence

Evidence Types
Reference Letters Dependent

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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: 2024-07-11.

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At a Glance

Outcome dismissed
RFE Issued
Evidence Types 1

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

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