dismissed EB-2 (NIW)
Delivery Lead
Information Technology · Brazil · 2024-11-05
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 as an individual of exceptional ability. The Director concluded the Petitioner only satisfied two of the six regulatory criteria (attainment of a degree/award and ten years of experience), not the required three. Specifically, the Petitioner did not demonstrate commanding a salary indicative of exceptional ability (8 C.F.R. § 204.5(k)(3)(ii)(D)) nor recognition for significant contributions to her field beyond her employers (8 C.F.R. § 204.5(k)(3)(ii)(F)). As the foundational EB-2 eligibility was not met, the USCIS declined to evaluate the National Interest Waiver under the Dhanasar framework.
Evidence
Evidence Types
Awards
Reference Letters Dependent
High Salary
Original Contributions
Similar Cases
IT Support Specialist
Information Technology
USCIS EB-2 (NIW) dismissed
2024-07-05
The petitioner proposes to work as an IT specialist focusing on storage administration, disaster and recovery solutions, network management, and systems administration. He intends to develop standards for software use, protect vulnerable information, and resolve database performance, capacity, and scalability issues.
Chief Executive Officer (CEO)
Wholesale Trade · Brazil
USCIS EB-2 (NIW) dismissed
Brazil 2024-08-14
The petitioner proposes to serve as the Chief Executive Officer of her U.S. company, providing leadership for all aspects of its operations with an emphasis on long-term goals, growth, profit, and return on investment.
Consultant
Information Technology
USCIS EB-2 (NIW) dismissed
2024-04-15
To serve as a functional consultant for Oracle E-Business Suite Supply Chain Management. The petitioner intends to develop customized systems using tools such as PLSQL, Oracle Forms, Oracle Reports, and XML Publisher to meet customer needs.
Consultant
Information Technology
USCIS EB-2 (NIW) rfe remanded
2024-08-01
The petitioner proposes to offer technological solutions, innovative and adaptable to the needs of clients, guaranteeing an increase in their competitiveness and growth.
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: 2024-11-05.
Browse all casesAt a Glance
Outcome dismissed
Evidence Types 4
EB-2 (NIW) Case Data
Scraped Case Data
Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687
Related Pages
Get Case Insights
Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.
Join Waitlist