dismissed EB-2 (NIW)
Bakery And Pastry Chef
Bakery And Pastry Chef · 2024-12-09
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 continue her work as a bakery and pastry chef in the United States, seeking an employment-based second preference immigrant classification.
Why This Petition Was Denied
The Director and AAO determined the Petitioner failed to meet at least three of the six regulatory criteria for exceptional ability under 8 C.F.R. § 204.5(k)(3)(ii). Specifically, the Petitioner did not demonstrate that her profession requires the attained certificates, that her salary reflected exceptional ability (as earnings were for an administrator role), that ACDSA membership constituted a professional organization, that recommendation letters sufficiently demonstrated recognition or contributions, or how comparable evidence criteria applied to her occupation. The motions to reopen and reconsider were dismissed as no new facts were presented, and the Petitioner did not address the specific findings of the prior decision.
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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-12-09.
Browse all casesAt a Glance
Outcome dismissed
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
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