dismissed EB-2 (NIW) RFE Issued
CEO Chief Executive And Entrepreneur
Business Administration ยท 2024-08-12
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.
Framework Evaluation
0 of 3 criteria met1 Proposed endeavor has substantial merit and national importance Not Met
The Director concluded the Petitioner did not establish the proposed endeavor was of national importance.
2 It would be beneficial to the U.S. to waive the job offer and labor certification requirements Not Met
The Director concluded it would not be beneficial to waive the job offer requirements.
Why This Petition Was Denied
The motion to reconsider was dismissed because the Petitioner failed to establish that the prior decision was based on an incorrect application of law or policy. Specifically, the Petitioner's claim that a high school diploma plus 30 years of work experience qualifies as an advanced degree was rejected, as agency policy requires at least a U.S. bachelor's degree or foreign equivalent. The 'three-for-one' rule cited by the Petitioner's evaluator was found to be inapplicable to immigrant employment petitions. Additionally, the Petitioner's claim of exceptional ability was not adequately raised or supported in the initial petition or appeal, making it an insufficient basis for reconsideration.
Request for Evidence (RFE)
Unsuccessfully AddressedThe RFE requested further evidence regarding the Petitioner's qualifications. In response, the Petitioner claimed eligibility for the advanced degree classification and asserted meeting exceptional ability criteria, but failed to provide specific arguments or evidence for the latter.
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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: 2024-08-12.
Browse all casesAt a Glance
Outcome dismissed
RFE Issued
Criteria Met 0 / 3
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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