dismissed EB-2 (NIW) RFE Issued
Nurse
Nursing · 2024-05-29
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 nurse, seeks to work in the United States within the field of nursing. The specific research area or methodology of the endeavor was not detailed as the petition was denied based on EB-2 qualification.
Why This Petition Was Denied
The petitioner did not qualify as an advanced degree professional because his master's degree was obtained in June 2023, after the May 2022 filing date, and he lacked five years of post-baccalaureate experience. Regarding exceptional ability, he only satisfied two of the six required criteria (degree and certification), failing to provide evidence of a high salary relative to others in the field or meeting other criteria like ten years of experience or professional memberships.
Request for Evidence (RFE)
Unsuccessfully AddressedThe RFE requested evidence that the petitioner's salary was high relative to others in the field. The petitioner responded by arguing the lack of a defined minimum salary but failed to provide comparative data.
Evidence
Evidence Types
High Salary
Professional Memberships
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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: 2024-05-29.
Browse all casesAt a Glance
Outcome dismissed
RFE Issued
Evidence Types 2
EB-2 (NIW) Case Data
Scraped Case Data
Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687
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