dismissed EB-2 (NIW) RFE Issued
Entrepreneur And Business Administrator
Business Administrator · 2024-09-10
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 intends to own and operate three small businesses in the United States.
Why This Petition Was Denied
The appeal was dismissed because the Petitioner failed to satisfy 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 provide consistent evidence for 10 years of full-time experience due to discrepancies in employment dates and roles. The submitted license was an expired business license, not a personal professional license. Memberships in Auction ACCESS and NFIB were not deemed professional associations. Furthermore, the Petitioner failed to demonstrate recognition for significant contributions to the industry. As a result, the underlying EB-2 classification was not established, and the national interest waiver claim under Dhanasar was not evaluated.
Request for Evidence (RFE)
Unsuccessfully AddressedThe RFE (NOID) requested further evidence to establish the Petitioner's eligibility as an individual of exceptional ability. The Petitioner responded by resubmitting previously provided documents and assertions, which were found to be insufficient to resolve the discrepancies and meet the regulatory criteria.
Evidence
Evidence Types
Reference Letters Dependent
Professional Memberships
Licenses And Certifications
Cv Or Resume
Similar Cases
Chief Executive Officer (CEO)
Wholesale Trade · Brazil
USCIS EB-2 (NIW) dismissed
Brazil 2024-08-14
The petitioner proposes to serve as the Chief Executive Officer of her U.S. company, providing leadership for all aspects of its operations with an emphasis on long-term goals, growth, profit, and return on investment.
Entrepreneur
Automotive
USCIS EB-2 (NIW) dismissed
2025-03-11
The petitioner proposes to continue his endeavor as an entrepreneur and business administrator through his U.S.-based companies, specifically engaging in motor vehicle dealership activities.
Accountant
Financial Services
USCIS EB-2 (NIW) rfe dismissed
2022-09-09
The petitioner proposed to operate a business as an entrepreneur and/or seek employment in the field of accounting, claiming it would have a ripple effect across industries and be national in scope.
Chief Executive Officer (CEO)
Others · Brazil
USCIS EB-2 (NIW) dismissed
Brazil 2023-12-15
The petitioner, acting as a chief executive, proposed to continue his work in business leadership and administration, specifically focusing on roles such as CEO and CFO within the corporate sector. The record lacks specific details on a new U.S.-based project, focusing instead on his past management of a Brazilian business.
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: 2024-09-10.
Browse all casesAt a Glance
Outcome dismissed
RFE Issued
Evidence Types 4
EB-2 (NIW) Case Data
Scraped Case Data
Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671
Get Case Insights
Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.
Join Waitlist