dismissed EB-2 (NIW)
Chief Executive Officer (CEO)
Information Technology Consultant And Analyst · Brazil · 2024-08-14
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 computer service company headquartered in Florida that will develop and implement enterprise resource planning systems for small and medium-sized businesses. These systems will be centered on a business intelligence and analytics management approach.
Why This Petition Was Denied
The appeal was dismissed because the Petitioner failed to meet at least three of the six regulatory criteria for exceptional ability under 8 C.F.R. § 204.5(k)(3)(ii). Specifically, the Petitioner met the academic record and salary criteria but failed to provide sufficient evidence for ten years of experience, a valid license/certification, membership in professional associations, or recognition for significant contributions. As a result, the Petitioner did not qualify for EB-2 classification, and the national interest waiver determination was reserved.
Evidence
Evidence Types
Academic Record
High Salary
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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: 2024-08-14.
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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