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dismissed EB-2 (NIW) RFE Issued

Commercial Development Specialist

Real Estate Development · 2023-12-19

Decision Date
2023-12-19
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 proposed to work as a commercial development specialist in the real estate development field. The record mentions past work involving the construction of internet browsing rooms to proliferate internet access in underrepresented parts of Venezuela.

Why This Petition Was Denied

The Petitioner only met two of the three required criteria for exceptional ability (ten years of experience and professional licensure). The appeal was dismissed because the Petitioner failed to prove exceptional ability through high salary, professional memberships, or significant contributions to the field, rendering them ineligible for EB-2 classification.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence to demonstrate exceptional ability, such as comparative salary data and proof of professional memberships. The Petitioner responded with a salary comparison table and association rules, but these were found insufficient.

Evidence

Evidence Types
Awards
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: 2023-12-19.

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At a Glance

Outcome dismissed
RFE Issued
Evidence Types 5

EB-2 (NIW) Case Data

Scraped Case Data

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

Related Pages

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

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