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dismissed EB-2 (NIW) RFE Issued

Physical Therapist Assistant

Physical Therapist Assistant · 2024-12-20

Decision Date
2024-12-20
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.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish eligibility for EB-2 as an individual of exceptional ability. The AAO found the petitioner did not meet three of the six regulatory criteria, specifically regarding 10 years of full-time experience, a license to practice a 'profession' as defined by regulations, and commanding a salary indicative of exceptional ability. The AAO also noted unresolved inconsistencies in employment claims, diminishing the credibility of evidence. The national interest waiver was not evaluated as the underlying EB-2 eligibility was not met.

Request for Evidence (RFE)

Unsuccessfully Addressed

A Notice of Intent to Dismiss (NOID) was issued by the AAO to address inconsistencies in the petitioner's employment history, specifically regarding claimed 40-hour work weeks with one employer and conflicting start dates with another. The petitioner's response, which included newly executed letters and explanations, was found insufficient to resolve these discrepancies, particularly concerning the actual hours worked versus contract stipulations and the reasons for conflicting employment dates.

Evidence

Evidence Types
Reference Letters Dependent
Professional Memberships
High Salary
Awards

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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: 2024-12-20.

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At a Glance

Outcome dismissed
RFE Issued
Evidence Types 4

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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