dismissed EB-2 (NIW) RFE Issued
Human Resources Specialist
Human Resources · Brazil · 2024-07-19
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 seeks to work as a human resources specialist in the United States.
Why This Petition Was Denied
The petitioner failed to satisfy the threshold EB-2 eligibility requirements. She met only one of the six criteria for exceptional ability (academic record). The alternative claim of being an advanced degree professional was rejected because the submitted foreign degree was not equivalent to a U.S. bachelor's degree (showing only 3 years of study) and the diploma was issued after the petition was filed.
Request for Evidence (RFE)
Unsuccessfully AddressedThe Director's NOID specifically notified the petitioner of evidentiary shortcomings related to her academic credentials and her failure to meet the threshold for EB-2 classification.
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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: 2024-07-19.
Browse all casesAt 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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