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dismissed EB-2 (NIW) RFE Issued

Inventor And Entrepreneur

Engineering, Public Transit Industry, Innovations & Entrepreneurship · Egypt · 2024-04-18

Decision Date
2024-04-18
Location
United States
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 improve public transit access for individuals with disabilities in the United States using wearable technology. The endeavor aims to help mass transit operators communicate with disabled passengers and comply with the Americans with Disabilities Act (ADA) through innovative engineering solutions.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy at least three of the six criteria for exceptional ability; specifically, he lacked an official academic record in the field, failed to prove ten years of full-time experience, and did not provide sufficient evidence of recognition for significant contributions. The petitioner also waived his claim to advanced degree professional status by failing to address it in the appeal. No Dhanasar prongs were found to be satisfied as the petitioner did not meet the threshold EB-2 qualification.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to establish the petitioner's qualification for EB-2 status and a properly completed ETA Form 9089. While the form was corrected, the evidence for exceptional ability remained insufficient.

RFE Targets
eb2 qualification

Evidence

Evidence Types
Awards
Patents
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.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-04-18.

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At a Glance

Outcome dismissed
RFE Issued
Evidence Types 3

EB-2 (NIW) Case Data

Scraped Case Data

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

Related Pages

EB-2 (NIW) Overview EB-2 (NIW) in Egypt All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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