dismissed EB-2 (NIW) RFE Issued

Chief Executive In The Field Of Security Services

Security Guard Service · Brazil · 2024-05-23

Decision Date
2024-05-23
Location
Oklahoma
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 serve as the Chief Executive Officer of a private security guard service company. The endeavor focuses on providing security services to businesses and organizations, including churches and local contractors.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not meet the EB-2 exceptional ability requirements; specifically, his 26 years of experience in Brazilian law enforcement did not match his proposed occupation as a private security CEO. Additionally, his academic certificates and professional memberships (such as a compulsory pension fund) were deemed standard for the field rather than indicative of exceptional expertise. The AAO also noted that recommendation letters from church members and local business owners did not establish significant contributions to the industry.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested detailed evidence of how the petitioner's contributions were significant to the field. The petitioner responded with letters of intent from potential clients, which did not address the significance of past contributions.

RFE Targets
eb2 qualification

Evidence

Evidence Types
Awards
Reference Letters Dependent
Professional Memberships

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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: 2024-05-23.

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At a Glance

Outcome dismissed
RFE Issued
Evidence Types 3

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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