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dismissed EB-2 (NIW) RFE Issued

Entrepreneur

Cleaning Service · Brazil · 2024-10-02

Decision Date
2024-10-02
Location
Florida, United States
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 initially proposed managing and expanding his commercial and residential cleaning service in Florida. He later materially changed his proposed endeavor to developing a retail supermarket company that would specialize in American, Brazilian, and Spanish products.

Why This Petition Was Denied

The petition was dismissed because the petitioner failed to establish eligibility for the EB-2 exceptional ability classification, satisfying only one of the six criteria (academic degree). The petitioner did not demonstrate ten years of full-time experience as an entrepreneur or hold a relevant license/certification for the claimed occupation. The USCIS also noted an impermissible material change in the proposed endeavor from a cleaning service to a retail supermarket company. The national interest waiver claim was not evaluated. The motion to reopen and reconsider was dismissed because the petitioner did not establish any new facts or show that the previous decision erred as a matter of law or USCIS policy.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued an RFE, after which the petitioner materially changed his proposed endeavor from managing a cleaning service to developing a retail supermarket company. This material change was noted as impermissible, and the RFE response did not resolve the underlying issues regarding EB-2 exceptional ability.

Evidence

Evidence Types
Academic Records

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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: 2024-10-02.

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At a Glance

Outcome dismissed
RFE Issued
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,814
Success Rate 53.6%
Sustained 2,046
Dismissed 1,672

Related Pages

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

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