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dismissed EB-2 (NIW) RFE Issued

Chief Executive Officer

Information Technology Specialist · Russia · 2024-09-04

Decision Date
2024-09-04
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 establish a software and game development business in the United States, for which he would serve as its chief executive officer. This endeavor involves the creation of immersive software and gaming applications.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish eligibility for the underlying EB-2 classification as an individual of exceptional ability. The Director initially found the Petitioner met two criteria (salary and professional association membership), but the AAO withdrew these findings due to insufficient evidence (missing foreign language document for salary, and associations not meeting 'professional' definition). The Petitioner also failed to prove an academic degree or recognition for achievements, thus not meeting the minimum three criteria required under 8 C.F.R. § 204.5(k)(3)(ii). Consequently, the Dhanasar prongs for the national interest waiver were not evaluated.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE questioned the Petitioner's academic credentials, specifically the lack of a submitted diploma despite an evaluation stating one was attained, and inconsistencies in the program completion details. The Petitioner's response included a second academic evaluation that further complicated the record with differing program lengths and degree equivalencies, ultimately failing to satisfy the requirement for an official academic award.

Evidence

Evidence Types
Academic Records
High Salary
Professional Memberships
Reference Letters Dependent
Awards
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: 2024-09-04.

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At a Glance

Outcome dismissed
RFE Issued
Evidence Types 6

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

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