dismissed EB-2 (NIW) RFE Issued

Financial Manager And Credit Specialist

Financial Manager And Credit Specialist · Brazil · 2024-11-29

Decision Date
2024-11-29
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.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish eligibility for EB-2 classification as an advanced degree professional. The primary reason was the lack of sufficient documentation for five years of progressive post-baccalaureate experience, as required by 8 C.F.R. § 204.5(k)(3)(i)(B). Employment letters submitted contained unresolved inconsistencies and incongruous/overlapping employment timeframes, undermining their probative value. The petitioner earned a baccalaureate degree in business administration in 2009, and the petition was filed in April 2019, but the experience was not adequately proven. A self-reported updated resume was deemed insufficient without corroborating evidence.

Request for Evidence (RFE)

Unsuccessfully Addressed

A Request for Evidence (RFE) was issued by the Director to address the petitioner's eligibility for EB-2 classification, specifically regarding documentation of five years of progressive post-baccalaureate experience. The petitioner submitted documentation in response, including an updated resume and employment letters, but these were found to contain inconsistencies and were deemed insufficient to establish the required experience.

RFE Targets
eb2 qualification

Evidence

Evidence Types
Employment Letters
Resume
Academic Record
Credentials Evaluation
Form ETA 750 Part B

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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: 2024-11-29.

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At a Glance

Outcome dismissed
RFE Issued
Evidence Types 5

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

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