dismissed EB-2 (NIW) RFE Issued

Entrepreneur In The Field Of Janitorial Services

Janitorial Services · 2024-08-01

Decision Date
2024-08-01
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 entrepreneur in the field of janitorial services. The petition does not detail specific methodologies, real-world applications, or intended impact of the janitorial services endeavor itself beyond the general field.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish eligibility for the EB-2 classification as an individual of exceptional ability. Specifically, the petitioner did not demonstrate: an academic record related to janitorial services, 10 years of full-time experience in janitorial services (only two months were shown for the current venture), membership in a professional association (IFMA) that meets regulatory definitions, or recognition for significant contributions to the entrepreneurial janitorial services industry. As the petitioner did not meet any of the six criteria, the minimum three required for exceptional ability were not satisfied, precluded a final merits determination or an evaluation under the Dhanasar framework.

Request for Evidence (RFE)

Unsuccessfully Addressed

A Request for Evidence (RFE) was issued, to which the Petitioner submitted a membership certificate for the International Facility Management Association (IFMA). The RFE response was deemed insufficient as the Petitioner did not provide information on the association's membership requirements or demonstrate that it met the regulatory definition of a professional association.

Evidence

Evidence Types
Reference Letters Dependent
Awards
Professional Memberships

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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: 2024-08-01.

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At a Glance

Outcome dismissed
RFE Issued
Evidence Types 3

EB-2 (NIW) Case Data

Scraped Case Data

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

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