dismissed EB-2 (NIW) RFE Issued
Management Professional
Management Consultancy · Brazil · 2024-08-26
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 management consultancy organization in the United States, with the Petitioner serving as CEO.
Why This Petition Was Denied
The appeal was dismissed because the Petitioner failed to demonstrate exceptional ability. Although the Petitioner met three of the initial six regulatory criteria, the AAO found that the evidence, in its totality, did not establish a degree of expertise significantly above that ordinarily encountered in the field. Specifically, the Petitioner did not sufficiently document a prevailing wage to prove his salary demonstrated exceptional ability, nor did he provide evidence of recognition or significant contributions to the field as a whole, beyond his specific organizations. Furthermore, the Petitioner did not demonstrate that his proposed endeavor would substantially benefit the national economy, cultural, or educational interests of the United States.
Request for Evidence (RFE)
Unsuccessfully AddressedThe Director issued an RFE regarding the Petitioner's salary as evidence of exceptional ability. The Petitioner responded by referencing a public website for average operational manager salaries in Brazil, but the AAO found this insufficient due to a lack of methodology and specific job equivalency.
RFE Targets
8 C.F.R. § 204.5(k)(3)(ii)(D)
Evidence
Evidence Types
High Salary
Reference Letters Dependent
Professional Memberships
Original Contributions
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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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-08-26.
Browse all casesAt a Glance
Outcome dismissed
RFE Issued
Evidence Types 4
EB-2 (NIW) Case Data
Scraped Case Data
Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671
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