dismissed EB-2 (NIW) RFE Issued

Financial Manager

Financial Industry · Brazil · 2024-05-01

Decision Date
2024-05-01
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 financial manager, proposed to work in the United States as a financial manager consultant. The record does not provide specific details on the research area or methodologies, as the petition was denied based on the lack of underlying EB-2 qualifications.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish eligibility for EB-2 classification. She did not possess an advanced degree (only one year of undergraduate coursework) and failed to meet at least three of the six criteria for exceptional ability, specifically failing to prove ten years of full-time experience, professional certifications, or significant contributions to the field.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence of the Petitioner's past employment history to satisfy the 10-year experience requirement. The Petitioner responded with a letter from a transit service claiming she was a Financial Analyst, which contradicted her initial claim of being an Employee Training Instructor.

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: 2024-05-01.

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At a Glance

Outcome dismissed
RFE Issued
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

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

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