dismissed EB-2 (NIW) RFE Issued

Chemical Technician

Manufacturing, Development, And Management Of Installation Of Non-Toxic Epoxy Products · Argentina · 2025-03-28

Decision Date
2025-03-28
Location
Argentina
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 manufacture, develop, and manage the installation of eco-friendly, water-based epoxy products for painting and coating in industrial settings. The work aims to improve health, safety, and environmental standards by reducing the impact of toxic materials in various industries.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to meet the threshold for EB-2 exceptional ability, satisfying only one criterion (degree) after the AAO withdrew the Director's finding on the 10-year experience criterion. Specifically, the petitioner provided inconsistent salary data compared to union standards and letters from customers that did not constitute recognition for significant contributions to the field as a whole.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE targeted the petitioner's qualification as an individual of exceptional ability. The petitioner responded with financial documents and expert letters, but the evidence was found inconsistent or insufficient to meet the regulatory criteria.

RFE Targets
eb2 qualification

Evidence

Evidence Types
Reference Letters Dependent
High Salary
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.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2025-03-28.

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At a Glance

Outcome dismissed
RFE Issued
Evidence Types 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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