dismissed EB-2 (NIW) RFE Issued
Senior Project Manager
Energy Project Management · Brazil · 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 AddressedThe 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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-07-12.
Browse all casesAt 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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