dismissed EB-2 (NIW) RFE Issued
Chief Executive Officer (CEO)
Business Consulting · Brazil · 2024-07-23
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 intended to work as a Chief Executive Officer (CEO) for a business consulting company in the United States.
Why This Petition Was Denied
The appeal was dismissed because the Petitioner did not establish EB-2 eligibility as an individual of exceptional ability. Although she met three criteria (academic record, salary, and professional membership), the final merits determination found her 3 years of university study, 2016 salary as a junior analyst, and standard memberships did not demonstrate expertise significantly above the norm for a CEO or business consultant.
Request for Evidence (RFE)
Unsuccessfully AddressedThe RFE addressed general eligibility deficiencies. The Petitioner responded by arguing her career advancement in Brazil and status as a female CEO demonstrated exceptional ability, but USCIS found this insufficient to meet the final merits standard.
RFE Targets
eb2 qualification
Evidence
Evidence Types
Professional Memberships
High Salary
Reference Letters Dependent
Similar Cases
Business Consultant
Consulting
USCIS EB-2 (NIW) rfe dismissed
2024-09-26
The Petitioner's initial filing reflected his company will provide consulting services for bars, restaurants, and events, which he proposed would generate jobs in the United States, improve working conditions, and spur investment in the local and regional communities, with a particular focus on restaurants and bars.
Business Consultant
Consulting
USCIS EB-2 (NIW) rfe dismissed
2024-10-31
The petitioner proposes to provide consulting, management, and process implementation advice and education activities to small and medium-sized, Latino owned businesses.
Consultant
Information Technology
USCIS EB-2 (NIW) rfe dismissed
2024-06-12
The petitioner proposes to establish an IT consulting business in the United States focusing on providing development, professional training, and consulting services to small and medium-sized companies, NGOs, and government entities. The work involves designing, developing, and maintaining computer networks, as well as providing cybersecurity consultancy and disaster recovery plans.
Business Consultant
Consulting
USCIS EB-2 (NIW) dismissed
2024-07-15
The petitioner proposes to serve as a business management specialist providing consultancy on cross-border investment structures, business planning, marketing strategies, and financial organization. He also intends to educate U.S. business owners and provide services to small and midsize enterprises through his 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: 2024-07-23.
Browse all casesAt a Glance
Outcome dismissed
RFE Issued
Evidence Types 3
EB-2 (NIW) Case Data
Scraped Case Data
Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671
Related Pages
Get Case Insights
Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.
Join Waitlist