dismissed EB-2 (NIW)

Entrepreneur

Sport Nutrition Retail Enterprise · Brazil · 2024-08-02

Decision Date
2024-08-02
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 open a sport nutrition retail enterprise in the United States. This endeavor involves establishing and operating a business focused on selling sport nutrition products.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish eligibility for the EB-2 classification. Specifically, the Petitioner did not provide sufficient evidence to prove that her post-graduate studies were equivalent to a U.S. Master's degree. Although her undergraduate degree was deemed equivalent to a U.S. Bachelor of Science degree, she failed to demonstrate five years of progressive experience in her field post-qualification, as required by regulation, with the provided letters of support not meeting regulatory requirements.

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: 2024-08-02.

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At a Glance

Outcome dismissed
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

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