dismissed EB-2 (NIW)

Chief Executive Officer

Commercial Representatives · Brazil · 2024-08-14

Decision Date
2024-08-14
Location
Brazil
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 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.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to demonstrate eligibility for exceptional ability classification by not satisfying at least three of the six regulatory criteria. Specifically, the Petitioner did not prove ten years of experience as a CEO (only as a Sales Representative), did not present a professional license or certification for her profession (only a business registration certificate), failed to show a salary indicative of exceptional ability relative to other CEOs in Brazil (despite claiming a monthly salary of R$30,000, which was inconsistent with tax statements showing R$24,000, R$30,000, and R$30,517 in taxable income for 2019, 2020, and 2021 respectively, and only provided comparative data for sales representatives and entrepreneurs, not CEOs), and did not establish membership in a professional association (the organization's membership consisted of legal entities, not individuals, and did not require a U.S. baccalaureate degree or its foreign equivalent). The Director's determination that the Petitioner did not establish recognition for significant contributions was affirmed.

Evidence

Evidence Types
Academic Records
Employment Records
Licenses And Certifications
Tax Records
High Salary
Professional Memberships
Original Contributions
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.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-08-14.

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At a Glance

Outcome dismissed
Evidence Types 8

EB-2 (NIW) Case Data

Scraped Case Data

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

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