dismissed EB-2 (NIW) RFE Issued

Inventor And Entrepreneur

Public Transit Industry · Egypt · 2024-04-18

Decision Date
2024-04-18
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 improve public transit access for individuals with disabilities using wearable technology. This technology aims to help disabled individuals receive assistance before, during, and after riding mass transit, while helping operators communicate with these passengers and comply with ADA regulations.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to meet at least three of the six criteria for exceptional ability; specifically, he lacked an official academic record in the field, failed to prove ten years of full-time experience, and did not demonstrate significant industry recognition despite mentioning bronze medals and patent applications. Furthermore, the petitioner waived the advanced degree professional claim by failing to address it in the appeal.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to establish the petitioner's qualification as an individual of exceptional ability; the petitioner responded in August 2023 with documentation of business registrations and awards.

RFE Targets
eb2 qualification

Evidence

Evidence Types
Patents
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: 2024-04-18.

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At a Glance

Outcome dismissed
RFE Issued
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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