dismissed EB-2 (NIW)
General And Operations Professional
General And Operations Professional · Brazil · 2022-09-01
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 proposed to work in the United States as a general and operations professional, leveraging experience previously gained as a sales director and CEO.
Why This Petition Was Denied
The appeal was dismissed because the petitioner satisfied only one (academic record) of the three required criteria for exceptional ability under 8 C.F.R. § 204.5(k)(3)(ii). Specifically, the petitioner failed to demonstrate a salary indicative of exceptional ability relative to others in the field and did not provide evidence of recognition for achievements that had an impact beyond his specific employers and clientele.
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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2022-09-01.
Browse all casesAt a Glance
Outcome dismissed
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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