dismissed EB-2 (NIW)
Human Resources Management Specialist
Human Resources Management · Brazil · 2024-05-21
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 operate a human resources consulting company as the owner and managing director. The company plans to provide human resources consulting and professional development services to small and medium-sized enterprises in the United States.
Why This Petition Was Denied
The Petitioner failed to meet the required three criteria for exceptional ability; while she met the academic record and professional license criteria, she failed to prove 10 years of full-time experience, a salary demonstrating exceptional ability, membership in professional associations, or recognition for significant contributions. Specifically, her experience totaled only 9 years and 2 months, and her salary comparison did not demonstrate exceptionality relative to the field.
Evidence
Evidence Types
Professional Memberships
Original Contributions
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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: 2024-05-21.
Browse all casesAt a Glance
Outcome dismissed
Evidence Types 2
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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