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dismissed EB-2 (NIW) RFE Issued

Chief Executive

Online Platform That Will Provide A Variety Of Business Education Courses · Brazil · 2024-11-14

Decision Date
2024-11-14
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 establish and operate an online platform that will offer a variety of business education courses to individuals.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish eligibility for the EB-2 exceptional ability classification. The Director found, and the AAO agreed, that the petitioner did not satisfy any of the six regulatory criteria for exceptional ability. Specifically, the petitioner did not prove an academic degree in the claimed area, a license to practice as a chief executive or entrepreneur, a salary demonstrating exceptional ability, membership in relevant professional associations, or recognition for significant contributions to the industry. The AAO did not evaluate the Dhanasar prongs for the national interest waiver.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested additional evidence to establish the petitioner's eligibility for exceptional ability, specifically regarding academic degrees, licenses, salary, professional memberships, and recognition for contributions. The petitioner's response included affidavits, tax returns, and bank statements, but these were found to be insufficient to meet the regulatory criteria.

Evidence

Evidence Types
Academic Degree
Reference Letters Dependent
High Salary
Professional Memberships
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: 2024-11-14.

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At a Glance

Outcome dismissed
RFE Issued
Evidence Types 5

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,814
Success Rate 53.6%
Sustained 2,046
Dismissed 1,672

Related Pages

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

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