dismissed EB-2 (NIW)
Entrepreneur
Tourism · Brazil · 2025-02-21
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, an entrepreneur in tourism, seeks employment-based second preference (EB-2) immigrant classification as an individual of exceptional ability, as well as a national interest waiver of the job offer requirement attached to this classification.
Why This Petition Was Denied
The appeal was dismissed because the Petitioner failed to meet at least three of the six regulatory criteria for exceptional ability under 8 C.F.R. § 204.5(k)(3)(ii). Specifically, the Petitioner met criteria (A) for an academic record and (C) for a license, but failed to meet criteria (E) for membership in professional associations (as the organizations did not require a baccalaureate degree for entry) and (F) for recognition for achievements and significant contributions to the field (as support letters praised skills but did not indicate recognition for significant contributions, and no evidence of awards was provided). Since the Petitioner did not establish eligibility for the underlying EB-2 classification, the AAO declined to reach a determination on the national interest waiver.
Evidence
Evidence Types
Academic Records
Licenses
Professional Memberships
Awards
Reference Letters Dependent
Original Contributions
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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: 2025-02-21.
Browse all casesAt a Glance
Outcome dismissed
Evidence Types 6
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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