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dismissed EB-2 (NIW) RFE Issued

Marketing And Commercial Manager

Business Administration And Related Fields · Argentina · 2025-01-21

Decision Date
2025-01-21
Location
Florida
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 appeal was dismissed because the petitioner failed to demonstrate eligibility for EB-2 classification as an advanced degree professional due to insufficient employer letters proving five years of progressive post-baccalaureate experience. Additionally, the petitioner did not meet at least three of the six criteria for exceptional ability, specifically failing to provide employer letters for ten years of experience, demonstrate exceptional salary relative to peers, or show recognition for significant contributions to the field beyond a single employer. The additional evidence submitted on motion did not establish new facts or overcome these deficiencies.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to establish the petitioner's eligibility for EB-2 classification as an advanced degree professional and as an individual of exceptional ability. The petitioner responded with new academic evaluations, expert opinions, and letters from former colleagues, but these were found insufficient to meet the regulatory requirements for employer letters for experience and to demonstrate exceptional ability through salary or significant contributions.

Evidence

Evidence Types
Reference Letters Dependent
High Salary
Original Contributions
Professional Memberships

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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: 2025-01-21.

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At a Glance

Outcome dismissed
RFE Issued
Evidence Types 4

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

Related Pages

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

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