dismissed EB-2 (NIW)
Chief Executive Officer, An Entrepreneur, And A Software Designer
Technology · 2024-09-02
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 proposes to work in the United States as a chief executive officer, an entrepreneur, and a software designer. This endeavor involves creating and operating multiple successful companies, building upon his past experience.
Why This Petition Was Denied
The appeal was dismissed because the Petitioner failed to establish eligibility for the underlying EB-2 visa classification as an individual of exceptional ability. Specifically, the Petitioner did not meet at least three of the six regulatory criteria: 10 years of full-time experience (8 C.F.R. § 204.5(k)(3)(ii)(B)), a salary demonstrating exceptional ability (8 C.F.R. § 204.5(k)(3)(ii)(D)), or recognition for achievements and significant contributions (8 C.F.R. § 204.5(k)(3)(ii)(F)). Evidence for experience was insufficient regarding full-time status and relevance of duties, and financial evidence (e.g., NGN 70,000,000 revenue, NGN 1,485,140 profit, claimed $330,000 income) did not demonstrate personal remuneration or exceptional ability compared to peers.
Evidence
Evidence Types
Experience Letters
High Salary
Original Contributions
Commercial Success
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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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-09-02.
Browse all casesAt a Glance
Outcome dismissed
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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