dismissed EB-2 (NIW) RFE Issued

Senior Project Manager

Energy Project Management · Brazil · 2024-07-12

Decision Date
2024-07-12
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 intends to work as a senior project manager in the energy sector, specifically focusing on energy generation and renewable energy infrastructure projects.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner did not meet the EB-2 exceptional ability criteria; specifically, he failed to provide evidence of a license/certification required for the profession, professional membership requiring a degree, or recognition for significant contributions to the industry. His education was found to be equivalent to a U.S. high school degree, and his letters of recommendation described routine job duties rather than expertise significantly above that ordinarily encountered.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE targeted the Petitioner's qualification for the EB-2 category as an individual of exceptional ability. The Petitioner responded by asserting the value of his PMI membership and submitting expert opinion letters.

Evidence

Evidence Types
Reference Letters Dependent
Professional Memberships

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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: 2024-07-12.

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At a Glance

Outcome dismissed
RFE Issued
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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