dismissed EB-2 (NIW)

Quality Assurance Leader

Automotive Glass Repair And Replacement Company · 2022-07-08

Decision Date
2022-07-08
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 Beneficiary was intended to serve as a quality assurance leader for an automotive glass repair and replacement company. The role involved overseeing quality standards and processes within the petitioner's IT or operational framework.

Why This Petition Was Denied

The appeal was dismissed because the labor certification (ETA Form 9089) stated that 'Bachelor's equivalency may be met by a combination of degrees.' This language violates the requirement for EB-2 advanced degree classification, which necessitates a single U.S. bachelor's degree or a single foreign equivalent degree. Consequently, the position's minimum requirements were found to be less than those required for the requested classification.

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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: 2022-07-08.

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At a Glance

Outcome dismissed

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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