Visalytics
Visalytics
dismissed EB-2 (NIW) RFE Issued

General And Operations Manager

Road And Transport Tourism · Brazil · 2023-03-06

Decision Date
2023-03-06
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 an entrepreneur and general manager in the field of road and transport tourism in the United States. The work focused on the direction and coordination of business activities within the transport sector.

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 under 8 C.F.R. § 204.5(k)(3)(ii). Specifically, the Petitioner failed to provide sufficient evidence for ten years of full-time experience, a salary demonstrating exceptional ability, membership in professional associations, or recognition for significant contributions to the industry.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to support the claim of exceptional ability, specifically regarding salary and experience. The petitioner responded with salary printouts and accountant declarations which were deemed insufficient.

RFE Targets
eb2 qualification

Evidence

Evidence Types
Reference Letters Dependent

Similar Cases

Operations Manager

Retail · Brazil

USCIS EB-2 (NIW) rfe dismissed
United States 2024-04-19
The petitioner proposes to establish and operate a toy sales and rental business in the United States. He intends to serve as the general and operations manager, overseeing the business's growth and daily activities.

Operations Manager

Others · Brazil

USCIS EB-2 (NIW) dismissed
2022-09-01
The petitioner proposed to work in the United States as a general and operations professional, leveraging experience previously gained as a sales director and CEO.

Business Manager

Tourism

USCIS EB-2 (NIW) dismissed
2024-08-22
The Petitioner proposed to advance his work as a business and content manager through his travel company, which would focus on providing diverse, inclusive, and accessible tourism experiences for LGBTQI+ individuals.

General Manager

Hospitality

USCIS EB-2 (NIW) rfe dismissed
2024-12-17
The petitioner proposes to plan, direct, or coordinate the operations of tourism and hospitality organizations, overseeing multiple departments or locations. This includes formulating policies, managing daily operations, and planning resource use. The endeavor also focuses on developing new talents by including apprentices (ages 14-18), people with disabilities, and the elderly in the hotel industry.

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

More dismissed cases More Transportation cases More cases from Brazil

Case data sourced from publicly available petition decisions and case studies. Decision date: 2023-03-06.

Browse all cases

At a Glance

Outcome dismissed
RFE Issued
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

Related Pages

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

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist