dismissed EB-2 (NIW) RFE Issued

Software And Web Developer

Software And Web Developer · Brazil · 2024-05-14

Decision Date
2024-05-14
Location
United States
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 run his own company to distribute an artificial intelligence system designed to detect malware. The endeavor focuses on cybersecurity through the development and improvement of infrastructure for the AI system.

Why This Petition Was Denied

The Petitioner did not qualify for EB-2 status because he lacked five years of post-baccalaureate experience at the time of filing (filed 3 years after degree) and failed to meet at least three criteria for exceptional ability. Specifically, his certificates were from an online training platform rather than a credentialing authority, and he failed to provide membership requirements for ACM or evidence of significant industry contributions.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE targeted the Petitioner's qualification for EB-2 status, specifically requesting membership requirements for ACM and evidence of recognition for significant contributions. The Petitioner responded by citing previously submitted materials and providing more training certificates.

RFE Targets
eb2 qualification

Evidence

Evidence Types
Professional Memberships
Awards
Original Contributions
Media Coverage

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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: 2024-05-14.

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At a Glance

Outcome dismissed
RFE Issued
Evidence Types 4

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

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