dismissed EB-2 (NIW) RFE Issued
Mechatronics Engineer
Engineering · Italy · 2024-06-25
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, a mechatronics engineer, seeks to work in the United States in the field of engineering, specifically focusing on electromechanical systems and field service engineering.
Why This Petition Was Denied
The appeal was dismissed because the petitioner failed to qualify for the EB-2 classification as an individual of exceptional ability, meeting only two of the three required criteria (8 C.F.R. § 204.5(k)(3)(ii)(A) and (B)). The petitioner did not provide sufficient evidence of a professional license or a salary demonstrating exceptional ability compared to industry standards. Consequently, the AAO did not reach a conclusion on the Dhanasar prongs as the underlying classification was not established.
Request for Evidence (RFE)
Unsuccessfully AddressedThe RFE requested evidence of full-time employment and documentation for exceptional ability criteria. The petitioner responded with additional employment letters and wage comparisons, but these were found insufficient to establish exceptional ability.
RFE Targets
eb2 qualification
Evidence
Evidence Types
Original Contributions
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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: 2024-06-25.
Browse all casesAt a Glance
Outcome dismissed
RFE Issued
Evidence Types 1
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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