dismissed EB-2 (NIW)
Information Security Analyst
Information Security Analyst · Paraguay · 2024-08-13
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 appeal was dismissed because the petitioner failed to establish eligibility for EB-2 classification. For the 'exceptional ability' category, the Director found only two of three criteria met, and this issue was waived on appeal. For the 'advanced degree professional' category, the petitioner's 'Titulo de Tecnólogo em Processamento de Dados' from Paraguay was deemed equivalent to a vocational or specialized high school curriculum, not a U.S. bachelor's degree, based on AACRAO EDGE. Additionally, the 'Specialist-MBA, in Project Management' was not established as a U.S. master's degree equivalent. The petitioner's 25 years of experience could not substitute for a bachelor's degree. The AAO reserved opinion on the Dhanasar prongs.
Evidence
Evidence Types
Original Contributions
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: 2024-08-13.
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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