dismissed EB-2 (NIW) RFE Issued

Entrepreneur In The Field Of Sales Management

Sales Management · Brazil · 2025-03-27

Decision Date
2025-03-27
Location
Brazil
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 work as an entrepreneur in the field of sales management and business consulting within the United States. The endeavor focuses on applying his expertise in management processes and sales to benefit the U.S. economy.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner met only two of the three required criteria for exceptional ability: academic record and ten years of experience. He failed to establish that his Brazilian registration constituted a professional license, did not provide objective evidence of a high salary relative to others in the field, and did not demonstrate that his memberships or recommendation letters represented recognition for significant contributions to the industry at large.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence to satisfy the exceptional ability criteria, specifically regarding salary and professional recognition. The Petitioner provided income statements and letters, but they lacked independent substantiation.

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: 2025-03-27.

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At a Glance

Outcome dismissed
RFE Issued
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,814
Success Rate 53.6%
Sustained 2,046
Dismissed 1,672

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