dismissed EB-2 (NIW) RFE Issued

Not Explicitly Stated (Petitioner Holds A Degree In Business Administration)

Business Administration · Brazil · 2025-04-01

Decision Date
2025-04-01
Location
Brazil
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 decision does not describe the specific proposed endeavor as it focused on the threshold eligibility issue of the Petitioner's professional qualifications.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the required five years of progressive post-baccalaureate experience for EB-2 classification. The evidence submitted, including Brazilian Digital Work Cards and recommendation letters from colleagues, lacked specific descriptions of duties, employer verification, and the writers' addresses as required by 8 C.F.R. § 204.5(g)(1).

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE targeted the lack of primary evidence for the Petitioner's qualifying experience. The Petitioner responded by arguing that alternative documents like government-issued Digital Work Cards were more probative than employer letters, but failed to provide the specific duty descriptions required.

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: 2025-04-01.

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At a Glance

Outcome dismissed
RFE Issued
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

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