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dismissed EB-2 (NIW) RFE Issued

IT Coordinator

Information Technology (IT) Networking Industry · Brazil · 2022-07-25

Decision Date
2022-07-25
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 introduce automated purchasing processing systems and infrastructure services through his company, [E-]. He seeks to work as an IT coordinator within the IT networking industry.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to qualify for the underlying EB-2 classification as an individual of exceptional ability. He met only one criterion (academic record) instead of the required three; he failed to prove 10 years of full-time experience due to inconsistent employment dates and lacked evidence of professional membership or significant industry contributions.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to satisfy the exceptional ability criteria. The petitioner submitted a membership in a Brazilian computer society, but failed to provide the organization's membership requirements to prove it was a 'professional association'.

RFE Targets
eb2 qualification

Evidence

Evidence Types
Professional Memberships
Reference Letters Dependent
Original Contributions

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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: 2022-07-25.

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At a Glance

Outcome dismissed
RFE Issued
Evidence Types 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

Related Pages

EB-2 (NIW) Overview EB-2 (NIW) in Brazil All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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