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dismissed EB-2 (NIW) RFE Issued

IT Project Manager

IT Project Management · Brazil · 2024-06-21

Decision Date
2024-06-21
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 with American companies on the implementation of technology projects and processes. The work involves interacting with teams to improve, reduce, or simplify processes and ensure compliance with resolutions to increase efficiency and growth.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

The endeavor has substantial merit but lacks national importance as it does not show broader implications or substantial economic impact.

Why This Petition Was Denied

The Petitioner failed to meet the EB-2 exceptional ability criteria, specifically failing to prove that her memberships (PMI and SINTESP) qualified as professional associations. Under the Dhanasar framework, the endeavor lacked national importance because its impact was limited to future employers rather than the field or economy at large.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director requested evidence for the advanced degree professional claim and the national interest waiver; the Petitioner abandoned the advanced degree claim and failed to establish national importance.

RFE Targets
Substantial Merit and National Importanceeb2 qualification

Evidence

Evidence Types
Professional Memberships
Government Alignment

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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: 2024-06-21.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

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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