dismissed EB-2 (NIW) RFE Issued

Marketing Specialist

Marketing And Advertising · Brazil · 2023-10-12

Decision Date
2023-10-12
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, 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.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish eligibility for the EB-2 classification as an advanced degree professional. Specifically, her 'Bachelor of Social Communication' was deemed equivalent to only an Associate's degree, and her 'Bachelor's Degree in Theology' was obtained too recently to satisfy the requirement of five years of progressive post-baccalaureate experience prior to the filing date of December 14, 2021.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence of the petitioner's advanced degree or equivalent. The petitioner provided a 2018 Theology degree and a Silvergate evaluation, but failed to provide official academic records or prove 5 years of post-baccalaureate experience.

RFE Targets
eb2 qualification

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: 2023-10-12.

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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

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