dismissed EB-2 (NIW) RFE Issued

Health Psychology Researcher

Health Psychology Researcher · 2025-02-04

Decision Date
2025-02-04
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 endeavor involves research and community-based interventions focused on understanding and addressing the psychological detriments of health disparities in the United States.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish eligibility for EB-2 exceptional ability classification. Specifically, the Petitioner only met one of the six regulatory criteria (academic record), failing to demonstrate ten years of experience, a professional license/certification, exceptional salary, or professional memberships at the time of filing. As the underlying EB-2 classification was not met, the Administrative Appeals Office declined to evaluate the national interest waiver prongs.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Petitioner responded to an RFE by conceding they were not an advanced degree professional. The RFE likely requested evidence to establish eligibility for the EB-2 classification, specifically regarding exceptional ability criteria, which the Petitioner failed to adequately address.

Evidence

Evidence Types
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.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2025-02-04.

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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

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