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dismissed EB-2 (NIW) RFE Issued

Human Resources Management

Human Resources Management And Technical Course In Logistics ยท 2024-07-09

Decision Date
2024-07-09
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 is not detailed in the decision, as the appeal was dismissed based on the failure to meet the underlying EB-2 immigrant classification requirements regarding education and exceptional ability.

Why This Petition Was Denied

The appeal was dismissed because the petitioner holds only an associate's degree, which does not meet the advanced degree requirement. Additionally, the petitioner failed to claim or establish 'exceptional ability' status before the Director, and raising such claims for the first time on appeal is procedurally barred.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE questioned the petitioner's eligibility for the EB-2 classification. The petitioner argued that their associate's degree and 10 years of experience satisfied the requirements, but the Director found this insufficient.

RFE Targets
eb2 qualification

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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: 2024-07-09.

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At a Glance

Outcome dismissed
RFE Issued

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

Related Pages

EB-2 (NIW) Overview All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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