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dismissed EB-2 (NIW) RFE Issued

Pilates Instructor And Aesthetic Masseuse

Physiotherapy, Pilates, And Aesthetic Services · Brazil · 2024-06-17

Decision Date
2024-06-17
Location
United States
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 direct the operations of her business, P-E-3, in the United States. The endeavor aims to provide a unique approach to clients' well-being by combining proven physiotherapy techniques with Pilates method exercises and aesthetic services.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not qualify for EB-2 classification; she waived the advanced degree claim and met only one of the three required criteria for exceptional ability (academic record). She failed to provide sufficient evidence for ten years of full-time experience, a valid license at the time of filing, or remuneration demonstrating exceptional ability.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued an RFE regarding the petitioner's eligibility for EB-2 classification and the Dhanasar prongs. The petitioner submitted beauty training certificates, recommendation letters, and business income evidence, but failed to satisfy the EB-2 requirements.

RFE Targets
eb2 qualification

Evidence

Evidence Types
Awards
Reference Letters Dependent
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.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-06-17.

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At 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

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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