How common are denied EB-2 NIW petitions?

EB-2 NIW petition outcomes vary based on the strength of evidence, the specific criteria addressed, and the adjudicating officer. Each case is evaluated individually based on its own merits and documentation.

How does the toy sales and rental business industry affect EB-2 NIW petition outcomes?

The toy sales and rental business sector has unique considerations for EB-2 NIW petitions. USCIS evaluates whether the petitioner's qualifications and contributions align with the specific requirements of the visa category. Industry context matters for demonstrating the significance and impact of the petitioner's work.

dismissed EB-2 (NIW) RFE Issued

General And Operations Manager

Toy Sales And Rental Business · Brazil · 2024-04-19

Decision Date

2024-04-19

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 operate a toy sales and rental business in the United States. He intends to serve as the general and operations manager, overseeing the business's growth and daily activities.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to meet at least three of the six criteria for exceptional ability. Specifically, the AAO withdrew the Director's findings on experience and salary, noting the petitioner did not prove 10 years of full-time experience in the specific occupation or provide a valid salary comparison, and failed to prove professional memberships or significant industry contributions.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE targeted the petitioner's qualification as an individual of exceptional ability, specifically regarding his years of experience. The petitioner provided statements and quotes in response, but the AAO found the evidence insufficient to prove the duties were related to the specific occupation.

RFE Targets

eb2 qualification

Evidence

Evidence Types

Reference Letters Dependent

High Salary

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.

Browse More Cases

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-04-19.

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At a Glance

Outcome dismissed

RFE Issued

Evidence Types 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816

Success Rate 53.6%

Sustained 2,046

Dismissed 1,674

EB-2 (NIW) Overview EB-2 (NIW) in Brazil All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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