dismissed EB-2 (NIW)

Management Analyst And Entrepreneur

Human Resources Management · Brazil · 2025-03-26

Decision Date
2025-03-26
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 work as a management analyst and entrepreneur in the field of human resources management in the United States.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish eligibility for the underlying EB-2 classification. For the advanced degree category, the Petitioner did not prove their foreign degree was equivalent to a U.S. bachelor's degree or that they had five years of progressive post-baccalaureate experience in the specialty. For the exceptional ability category, the Petitioner only met one of the six required criteria (official academic record), falling short of the minimum three criteria needed. The AAO did not evaluate the Dhanasar prongs for the national interest waiver.

Evidence

Evidence Types
Official Academic Record
Ten Years Experience
License Or Certification
High Salary
Professional Memberships

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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: 2025-03-26.

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At a Glance

Outcome dismissed
Evidence Types 5

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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