dismissed EB-2 (NIW) RFE Issued

Food Engineer

Food Engineering · Venezuela · 2024-04-18

Decision Date
2024-04-18
Location
Not stated
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's proposed work involves food engineering, though the specific project details are not elaborated upon in the decision due to the threshold failure to meet EB-2 educational and experience requirements.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not provide an academic transcript to prove their five-year degree duration or employer letters with specific duty descriptions to prove five years of progressive experience. Consequently, the petitioner did not qualify for the EB-2 classification, making a Dhanasar analysis unnecessary.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director requested an academic transcript and detailed employment letters to verify EB-2 eligibility. The petitioner provided an evaluation and a letter from a position as president, but neither contained the required specific duty descriptions or transcript data.

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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

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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