dismissed EB-2 (NIW)
Senior Software Maintenance Engineer
Information Technology Field · Brazil · 2024-08-19
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 continue working as a senior software maintenance engineer in the information technology field for an organization in support of that organization's business objectives.
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 AAO found the Petitioner did not meet at least three of the six evidentiary criteria under 8 C.F.R. § 204.5(k)(3)(ii), specifically failing to provide evidence of a license/certification, high salary, professional memberships, or significant contributions to the field. The AAO also concluded that the Petitioner did not demonstrate a degree of expertise significantly above that ordinarily encountered in the field, despite having an associate's degree and over 10 years of experience.
Evidence
Evidence Types
Reference Letters Dependent
Original Contributions
Professional Memberships
High Salary
Awards
Academic Records
Experience Letters
Licenses And Certifications
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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: 2024-08-19.
Browse all casesAt a Glance
Outcome dismissed
Evidence Types 8
EB-2 (NIW) Case Data
Scraped Case Data
Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687
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