dismissed EB-2 (NIW) RFE Issued

Chief Executive

Housekeeping Assistance To Individuals And Businesses · Brazil · 2024-05-09

Decision Date
2024-05-09
Location
California
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 proposes to establish and operate a cleaning services company in California. The business aims to provide specialized housekeeping assistance to older adults, adults with disabilities, and commercial rental properties requiring efficient service.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to meet the threshold EB-2 classification for exceptional ability. Specifically, his data processing degree did not relate to management, he failed to provide evidence of 10 years of full-time experience, and his salary data was not compared to relevant peer groups. Consequently, the AAO declined to analyze the Dhanasar prongs.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE targeted the lack of evidence for ten years of full-time experience and the relevance of the petitioner's salary. The petitioner responded with arguments about the nature of entrepreneurship but failed to provide new corroborating evidence.

RFE Targets
eb2 qualification

Evidence

Evidence Types
Professional Memberships
Reference Letters Dependent

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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: 2024-05-09.

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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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