dismissed EB-2 (NIW)
Senior Project Manager
Project Management · 2024-11-20
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.
Proposed Endeavor
The petitioner seeks employment-based second preference (EB-2) immigrant classification as an individual of exceptional ability, with a national interest waiver of the job offer requirement. The proposed endeavor involves work in project management, aiming to demonstrate exceptional ability in this field.
Why This Petition Was Denied
The motion to reconsider was dismissed because the Petitioner failed to establish eligibility for EB-2 exceptional ability. The AAO found the Petitioner did not satisfy at least three of the six regulatory criteria under 8 C.F.R. § 204.5(k)(3)(ii). Specifically, the Petitioner did not demonstrate membership in a professional association (criteria C, E) or recognition for significant contributions to the industry (criterion F). The AAO also concluded that the totality of evidence, including education and experience, did not show a degree of expertise significantly above that ordinarily encountered in the field, as required by 8 C.F.R. § 204.5(k)(2).
Evidence
Evidence Types
Reference Letters Dependent
Professional Memberships
Original Contributions
Similar Cases
Business Development Manager
Others · Argentina
USCIS EB-2 (NIW) rfe dismissed
Florida 2025-01-21
The appeal was dismissed because the petitioner failed to demonstrate eligibility for EB-2 classification as an advanced degree professional due to insufficient employer letters proving five years of progressive post-baccalaureate experience. Additionally, the petitioner did not meet at least three of the six criteria for exceptional ability, specifically failing to provide employer letters for ten years of experience, demonstrate exceptional salary relative to peers, or show recognition for significant contributions to the field beyond a single employer. The additional evidence submitted on motion did not establish new facts or overcome these deficiencies.
Project Manager
Information Technology · Brazil
USCIS EB-2 (NIW) rfe dismissed
2024-06-21
The Petitioner proposes to work with American companies on the implementation of technology projects and processes. The work involves interacting with teams to improve, reduce, or simplify processes and ensure compliance with resolutions to increase efficiency and growth.
Entrepreneur
Consulting
USCIS EB-2 (NIW) dismissed
2024-11-22
The petitioner seeks an employment-based second preference (EB-2) immigrant classification and a national interest waiver. The proposed endeavor involves work in art, general and operations management, or entrepreneurship, with a focus on a proposed business.
Project Manager
Construction
USCIS EB-2 (NIW) dismissed
2024-05-30
The petitioner proposes to work as a project manager in the construction field, focusing on the execution of commercial, corporate, and residential projects. He intends to manage projects requiring extensive labor, materials, and equipment to improve standards of living and employment opportunities.
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: 2024-11-20.
Browse all casesAt a Glance
Outcome dismissed
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
Get Case Insights
Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.
Join Waitlist