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dismissed EB-2 (NIW) RFE Issued

Senior Manager

Trucking Company · 2024-08-23

Decision Date
2024-08-23
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 own and operate a long-distance trucking company. He plans to work as the senior manager of the company and hire truck drivers as staff.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish eligibility for EB-2 exceptional ability classification. While a Bachelor of Science in Industrial Management was accepted for one criterion, a temporary Florida CDL was not deemed a license for his proposed profession as owner/senior manager of a New York trucking company. His reported gross income of $88,877 in 2021 was not shown to be indicative of exceptional ability, and his memberships in 'TVC Pro-Driver' and 'Owner-Operator Independent Drivers Association (OOIDA)' were not considered professional associations under the regulations. The Petitioner did not meet at least three of the six required criteria for exceptional ability.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued an RFE indicating that the Petitioner did not initially submit evidence for the salary criterion. In response, the Petitioner provided his 2021 income tax return showing a gross income of $88,877, but failed to demonstrate that this salary was indicative of exceptional ability relative to others in the field.

Evidence

Evidence Types
Awards
Professional Memberships
High Salary

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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: 2024-08-23.

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At a Glance

Outcome dismissed
RFE Issued
Evidence Types 3

EB-2 (NIW) Case Data

Scraped Case Data

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

Related Pages

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

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