dismissed EB-2 (NIW)

Owner, Director, And General Manager Of Multiple Businesses

Industrial And Technical Furniture Manufacturing · Brazil · 2024-08-01

Decision Date
2024-08-01
Location
Brazil
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 establish a comprehensive business venture encompassing consultancy, advisory, original equipment manufacturing, training, and sales within the realm of technical, industrial, and corporate furniture.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish eligibility for the underlying EB-2 exceptional ability classification. Specifically, the Petitioner only met one of the six evidentiary criteria (10 years of experience) and failed to demonstrate exceptional ability through salary, professional association memberships, or recognition for significant contributions. USCIS did not evaluate the Dhanasar prongs as the foundational EB-2 eligibility was not met.

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: 2024-08-01.

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At a Glance

Outcome dismissed
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

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