dismissed EB-2 (NIW) RFE Issued

Wrestler

Wrestling · Uzbekistan · 2022-11-16

Decision Date
2022-11-16
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 continue competing in Greco-Roman wrestling tournaments in the United States. The work focus is on professional athletic competition at the national and international levels.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to meet at least three of the evidentiary criteria for exceptional ability under 8 C.F.R. § 204.5(k)(3)(ii). Specifically, his academic records were for general education rather than wrestling, his 'Candidate Master of Sports' title did not constitute a professional license, and his tournament wins were viewed as personal achievements rather than significant contributions to the field.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE targeted the Petitioner's qualification as an individual of exceptional ability. The Petitioner provided additional school letters and certificates, but they did not satisfy the regulatory criteria.

RFE Targets
eb2 qualification

Evidence

Evidence Types
Awards
Media Coverage
Reference Letters Dependent

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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: 2022-11-16.

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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

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