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dismissed EB-2 (NIW) RFE Issued

Marketing Specialist

Retail Marketing · Brazil · 2024-04-12

Decision Date
2024-04-12
Location
Florida
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 operate a retail consulting, advisory, and training company in Florida. The endeavor involves providing market research and marketing strategies services to automotive dealers, convenience stores, supermarkets, and other businesses.

Framework Evaluation

0 of 3 criteria met

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to satisfy at least three of the six regulatory criteria for exceptional ability, meeting only the academic record criterion. Specifically, the Petitioner failed to provide sufficient evidence of ten years of full-time experience, a high salary compared to others in the field, membership in professional associations, or recognition for significant contributions.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE sought to address deficiencies in the Petitioner's claim of exceptional ability and the three Dhanasar prongs. The Petitioner responded with additional employment and salary information which was ultimately deemed insufficient.

RFE Targets
eb2 qualificationprong 1prong 2prong 3

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: 2024-04-12.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
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

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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