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dismissed EB-2 (NIW) RFE Issued

Financial Manager Consultant

Financial Manager Consultant · Brazil · 2024-08-13

Decision Date
2024-08-13
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 consultant, proposes to optimize cash flows, identify investment opportunities, and successfully manage financial resources.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish eligibility for EB-2 exceptional ability classification. The AAO found the Petitioner did not have 10 years of full-time experience in the occupation (only 9 years and 6 months, with some roles being administrative). Additionally, the Petitioner's salary of $30,000 in Brazil was not shown to be indicative of exceptional ability compared to others in her field in Brazil. The submitted certificates and achievements were deemed common duties of a competent financial manager, not demonstrating expertise significantly above the ordinary. The national interest waiver prongs were not reached.

Request for Evidence (RFE)

Unsuccessfully Addressed

An RFE was issued by the Director, informing the Petitioner that she met three of the six regulatory criteria for exceptional ability but explicitly stating that the evidence did not establish she was an individual of exceptional ability, offering an opportunity to supplement the record. The RFE did not resolve the concerns, leading to the denial.

Evidence

Evidence Types
Reference Letters Dependent
High Salary

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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: 2024-08-13.

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At a Glance

Outcome dismissed
RFE Issued
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

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

Related Pages

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

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