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dismissed EB-2 (NIW) RFE Issued

Entrepreneur

Cargo Logistics And Transportation Business · Kazakhstan · 2023-05-25

Decision Date
2023-05-25
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 proposes to establish and operate a cargo logistics and transportation business in the United States. He intends to utilize his background in jurisprudence and law enforcement to manage contracts, sales, and business operations.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not qualify for EB-2 classification; his 17 years of experience as a police investigator was not considered 'in the specialty' of his proposed logistics endeavor. Additionally, he waived his claim to exceptional ability by failing to provide evidence in response to an RFE. Because the threshold EB-2 qualification was not met, the Dhanasar prongs were not evaluated.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE sought evidence for EB-2 eligibility and the Dhanasar framework; the petitioner responded with an academic evaluation and claims of progressive experience.

RFE Targets
eb2 qualificationprong 1prong 2prong 3

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.

Browse More Cases

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2023-05-25.

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At a Glance

Outcome dismissed
RFE Issued
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

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

Related Pages

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

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