dismissed EB-2 (NIW) RFE Issued
Musician
Music · 2024-08-27
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 a company that conducts music workshops for children and adolescents.
Why This Petition Was Denied
The appeal was dismissed because the petitioner failed to meet any of the six regulatory criteria for exceptional ability under 8 C.F.R. § 204.5(k)(3)(ii). Specifically, he failed to provide sufficient evidence for his academic record, ten years of full-time experience, professional memberships, high salary, or recognition for achievements.
Request for Evidence (RFE)
Unsuccessfully AddressedThe RFE targeted the petitioner's qualifications for exceptional ability, specifically requesting proof of academic credentials and professional memberships. The petitioner provided descriptions of organizations and updated employer letters, but these were deemed insufficient to overcome the initial concerns.
RFE Targets
eb2 qualification
Evidence
Evidence Types
Professional Memberships
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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-08-27.
Browse all casesAt 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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