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dismissed EB-2 (NIW) RFE Issued

Chief Financial Officer (CEO) And Logistics Manager

Logistics Management · 2024-09-25

Decision Date
2024-09-25
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 operate in the field of logistics management, specifically focusing on managing a company and potentially providing services related to commercial motor vehicle operations. The endeavor involves applying his experience as a CEO and logistics manager to the U.S. logistics industry.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to meet at least three of the six criteria for exceptional ability, specifically failing to provide evidence of 10 years of experience, a professional license (a driver's license was deemed insufficient), or recognition for significant contributions to the field. The record did not establish a degree of expertise significantly above that ordinarily encountered in the industry, rendering the Petitioner ineligible for the EB-2 classification and the subsequent national interest waiver.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE targeted the Petitioner's qualifications for EB-2 status; the Petitioner responded with a commercial driver's license and letters of recommendation, but failed to prove exceptional ability.

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: 2024-09-25.

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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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