dismissed EB-2 (NIW) RFE Issued

Establishing And Operating A Training Center

Training Center Which Will Provide High-Level Training Services, And Soccer And Lacrosse Equipped Fields · Brazil · 2024-07-23

Decision Date
2024-07-23
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 training center in the United States providing high-level training services along with soccer and lacrosse equipped fields. The company intends to offer specialized training programs, equipment, and dedicated spaces for athletic operations.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to prove five years of progressive post-baccalaureate experience required for advanced degree professional status. The evidence provided, including letters from an accountant and professors, lacked specific dates and detailed job duties, and the training certificates did not total the required five years. Because the petitioner did not qualify for the underlying EB-2 classification, the national interest waiver analysis under Dhanasar was not performed.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to establish five years of progressive experience in the specialty. The petitioner submitted experience letters and articles of incorporation, but they lacked specific dates and detailed duties.

Evidence

Evidence Types
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.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-07-23.

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At a Glance

Outcome dismissed
RFE Issued
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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