dismissed EB-2 (NIW)

Business Administrator

Human Resources Consulting And Recruitment · Brazil · 2024-06-25

Decision Date
2024-06-25
Location
Florida
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 direct a human resources consulting and recruitment company in Florida. The work involves managing business administration and recruitment operations within the HR sector.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish eligibility for the EB-2 classification as an advanced degree professional. Specifically, she did not submit required letters from current or former employers to prove five years of progressive post-baccalaureate experience, as mandated by 8 C.F.R. § 204.5(k)(3)(i)(B).

Evidence

Evidence Types
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: 2024-06-25.

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At a Glance

Outcome dismissed
Evidence Types 1

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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