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dismissed EB-2 (NIW) RFE Issued

Not Stated

Not Stated · 2024-05-13

Decision Date
2024-05-13
Location
Not stated
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's specific endeavor is not clearly defined in the text; the decision notes that inconsistent representations obscured the nature of the proposed work, rendering it impossible to evaluate.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

Inconsistent representations by the petitioner obscured the nature of the endeavor, making it impossible to evaluate.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not meet at least three of the six regulatory criteria for exceptional ability under 8 C.F.R. § 204.5(k)(3)(ii). Additionally, the petitioner's inconsistent representations obscured the nature of the proposed endeavor, failing the first prong of the Dhanasar framework.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE addressed the petitioner's qualifications for EB-2 and the details of the proposed endeavor; the response was found to be a reiteration of previous documentation that did not resolve the issues.

RFE Targets
Substantial Merit and National Importance

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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: 2024-05-13.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

Related Pages

EB-2 (NIW) Overview All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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