dismissed EB-2 (NIW) RFE Issued

Real Estate Entrepreneur

Real Estate Entrepreneur · 2024-07-01

Decision Date
2024-07-01
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 is a real estate entrepreneur who intended to work within the real estate and business administration sectors in the United States. The specific details of the endeavor were not discussed in depth as the petition was denied based on EB-2 qualification deficiencies.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish eligibility for the EB-2 classification as an advanced degree professional. Specifically, he did not provide letters from current or former employers documenting five years of progressive post-baccalaureate experience as required by 8 C.F.R. § 204.5(k)(2) and 8 C.F.R. § 204.5(g)(1).

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE targeted the lack of evidence for five years of progressive post-baccalaureate experience. The petitioner responded with self-authored letters that failed to detail progressive duties or employer verification.

RFE Targets
eb2 qualification

Evidence

Evidence Types
Reference Letters Dependent

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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: 2024-07-01.

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At a Glance

Outcome dismissed
RFE Issued
Evidence Types 1

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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