dismissed EB-2 (NIW) RFE Issued

Entrepreneurial Producer And Director

Information Technology Industry · 2025-04-09

Decision Date
2025-04-09
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 work as an entrepreneurial producer and director within the information technology industry. The endeavor involves professional activities as a journalist and media producer, focusing on music, entertainment, and news reporting.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to meet the threshold for EB-2 exceptional ability, satisfying only one criterion (ten years of experience) instead of the required three. The AAO found that the Petitioner's academic records did not relate to her field, her 'press pass' did not constitute a professional license, and her trade union memberships were not professional associations. Consequently, the AAO reserved judgment on the Dhanasar prongs as the Petitioner was categorically ineligible for the visa classification.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to satisfy the exceptional ability criteria; the Petitioner provided journalist credentials which the AAO determined did not constitute a mandatory professional license or certification.

RFE Targets
eb2 qualification

Evidence

Evidence Types
Media Coverage

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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: 2025-04-09.

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At a Glance

Outcome dismissed
RFE Issued
Evidence Types 1

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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