dismissed EB-2 (NIW) RFE Issued
Foreign Legal Consultant
Foreign Legal Consultant · 2024-12-03
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 the underlying EB-2 classification. For advanced degree professional, the Petitioner's master's degree was awarded after the filing date, and she did not demonstrate five years of progressive post-baccalaureate experience at the time of filing. For exceptional ability, the Petitioner only met one of the six regulatory criteria (having a degree). She failed to provide sufficient evidence for professional association memberships (NALA/NFPA did not require a bachelor's degree, AILA membership was 'student' and 'ineligible', and no evidence for ABA). She also failed to demonstrate recognition for significant contributions to the broader legal industry or field, as her letters of recommendation were highly complimentary but did not detail such contributions.
Request for Evidence (RFE)
Unsuccessfully AddressedA Request for Evidence was issued by the Director regarding the Petitioner's eligibility for the underlying EB-2 visa classification as either an advanced degree professional or an individual of exceptional ability. The Director reviewed the Petitioner's response but still determined that eligibility was not established.
Evidence
Evidence Types
Awards
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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-12-03.
Browse all casesAt a Glance
Outcome dismissed
RFE Issued
Evidence Types 3
EB-2 (NIW) Case Data
Scraped Case Data
Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671
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