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dismissed EB-2 (NIW) RFE Issued

Information Technology Professional

Information Technology Professional · 2022-05-09

Decision Date
2022-05-09
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 is an information technology professional seeking to work in the United States, though the specific details of the proposed endeavor were not reached in the analysis due to failure to meet the threshold EB-2 classification.

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). While he met the criteria for academic records and ten years of experience, he failed to establish licensure/certification, exceptional salary, or recognition for significant contributions to the industry.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE targeted the Petitioner's qualification as an individual of exceptional ability, specifically regarding certification and significant contributions. The Petitioner failed to provide comparable evidence or specific examples of industry-wide impact.

RFE Targets
eb2 qualification

Evidence

Evidence Types
Reference Letters Dependent

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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: 2022-05-09.

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At a Glance

Outcome dismissed
RFE Issued
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

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

Related Pages

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

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