Visalytics
Visalytics
dismissed EB-2 (NIW) RFE Issued

Language Specialist

Language Specialist · Brazil · 2025-01-10

Decision Date
2025-01-10
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 proposed endeavor is for the petitioner to work as a language specialist, seeking an EB-2 classification as an advanced degree professional.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish eligibility for the underlying EB-2 classification as an advanced degree professional. The Petitioner's 'titulo de licenciado' from Brazil was a three-year credential, which USCIS, relying on the AACRAO EDGE database, determined was not equivalent to a four-year U.S. bachelor's degree. The Petitioner's subsequent 'certificado de conclusao de curso' and teaching experience could not be combined with the three-year degree to meet the advanced degree requirement. Consequently, the Dhanasar prongs for the national interest waiver were not evaluated.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to establish the Petitioner's eligibility as an advanced degree professional, specifically regarding the equivalency of her foreign degree to a U.S. bachelor's degree. The Petitioner responded with an academic evaluation, but USCIS found it unsupported by the record, leading to the denial.

Evidence

Evidence Types
Academic Evaluation

Similar Cases

Others

Marketing and Advertising · Brazil

USCIS EB-2 (NIW) rfe dismissed
2023-10-12
The petitioner, a marketing specialist, seeks to work in the United States within her field; however, the specific details of the proposed endeavor's research area or methodologies were not discussed in the decision as the appeal was dismissed on threshold eligibility grounds.

Others

Others · Brazil

USCIS EB-2 (NIW) rfe dismissed
Brazil 2025-04-01
The decision does not describe the specific proposed endeavor as it focused on the threshold eligibility issue of the Petitioner's professional qualifications.

Others

Others

USCIS EB-2 (NIW) dismissed
Not stated 2024-07-01
The petitioner's specific endeavor is not detailed in the decision, as the AAO reserved the discussion on national importance due to the dispositive nature of the petitioner's failure to qualify for the underlying EB-2 classification.

Teacher

Education

USCIS EB-2 (NIW) dismissed
2025-01-06
The proposed endeavor involves teaching English as a second language, for which the petitioner seeks an EB-2 immigrant classification and a national interest waiver.

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.

Browse More Cases

More dismissed cases More Others cases More cases from Brazil

Case data sourced from publicly available petition decisions and case studies. Decision date: 2025-01-10.

Browse all cases

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

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist