dismissed EB-2 (NIW) RFE Issued
Human Resources Specialist
Human Resources · 2024-09-03
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.
Why This Petition Was Denied
The motion to reconsider was dismissed because the Petitioner failed to establish that the prior decision was based on an incorrect application of law or policy. The Petitioner did not demonstrate five years of progressive post-baccalaureate experience as required for an advanced degree professional. Discrepancies in employment history, particularly regarding a consultant role, were not resolved with independent, objective evidence. Furthermore, the Petitioner did not sufficiently explain the unavailability of primary or secondary employment evidence beyond affidavits, despite the company having other employees and upper management.
Request for Evidence (RFE)
Unsuccessfully AddressedThe RFE requested evidence to establish the Petitioner's eligibility as an advanced degree professional, particularly regarding the required five years of progressive post-baccalaureate experience. The Petitioner responded with a letter and affidavits, but these were found insufficient to resolve inconsistencies in the employment record or adequately explain the unavailability of primary or secondary evidence.
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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-09-03.
Browse all casesAt a Glance
Outcome dismissed
RFE Issued
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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