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dismissed EB-2 (NIW) RFE Issued

Art Teacher

Education · China · 2024-04-16

Decision Date
2024-04-16
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, an art teacher and freelance artist, proposed to continue his work in the United States. The endeavor focused on his career as an artist, including creating oil paintings and participating in exhibitions.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner did not establish EB-2 eligibility as an advanced degree professional or an individual of exceptional ability. He failed to provide required Notarial Work Experience Certificates from China to verify his 17 years of teaching experience and did not specify significant contributions to the field to satisfy the exceptional ability criteria. Consequently, the AAO reserved judgment on the Dhanasar prongs as the Petitioner was fundamentally ineligible for the classification.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested primary evidence of the Petitioner's work experience and documentation for exceptional ability criteria. The Petitioner responded with letters from a coworker and a service center, but failed to provide the required Notarial Work Experience Certificates.

RFE Targets
eb2 qualification

Evidence

Evidence Types
Reference Letters Dependent
Media Coverage
Awards

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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: 2024-04-16.

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At a Glance

Outcome dismissed
RFE Issued
Evidence Types 3

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 China All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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