dismissed EB-2 (NIW)

Entrepreneur In The Information Technology Industry

Information Technology Industry · Brazil · 2024-07-17

Decision Date
2024-07-17
Location
United States
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 own and operate an information technology consulting entity specializing in cloud solutions. The endeavor focuses on providing services in the architecture, implementation, and automation design of cloud solutions.

Why This Petition Was Denied

The Petitioner failed to meet at least three of the six criteria for exceptional ability; specifically, the AAO found the Petitioner did not satisfy criteria for professional licenses/certifications, high salary, professional memberships, or significant contributions. The record showed the Petitioner held the equivalent of a U.S. associate's degree and a post-graduate certificate, but lacked evidence that their achievements were significantly above those ordinarily encountered in the field.

Evidence

Evidence Types
Awards
Reference Letters Dependent
Original Contributions
Professional Memberships
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.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-07-17.

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At a Glance

Outcome dismissed
Evidence Types 5

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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