dismissed EB-2 (NIW)

Quality Control Chemist

GMP Environment / Drug Products · India · 2022-11-22

Decision Date
2022-11-22
Location
Texas
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 intended to work as a quality control chemist, specifically monitoring the shelf life of 20+ drug products to identify impurities and developing and validating assays in a GMP environment.

Why This Petition Was Denied

The appeal was dismissed because the Beneficiary's Indian bachelor's degree was equivalent to only three years of U.S. study, and regulations require a single foreign degree equivalent to a U.S. baccalaureate to qualify for EB-2. Furthermore, the petitioner failed to establish that the combination of degrees met the 'advanced degree' definition, and the work experience documented (3 years and 7 months) was insufficient to meet the alternative requirement of five years of progressive experience.

Evidence

Evidence Types
Reference Letters Dependent

Similar Cases

Others

Automotive

USCIS EB-2 (NIW) dismissed
2022-07-08
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.

Software Developer

Manufacturing

USCIS EB-2 (NIW) dismissed
2024-12-02
The appeal was dismissed because the Administrative Appeals Office (AAO) found that the Director's interpretation of the labor certification's plain language was correct. The labor certification's part H.14 explicitly stated a five-year experience requirement for specific duties and technologies, which the Beneficiary did not meet. The AAO determined there was no ambiguity in the language, thus precluding consideration of the Petitioner's additional evidence or claimed intent regarding an alternate three-year experience criterion.

Accountant

Financial Services

USCIS EB-2 (NIW) dismissed
2025-02-24
The AAO dismissed the motions because the petitioner failed to establish eligibility for EB-2 classification. Specifically, the petitioner did not demonstrate that her two foreign diplomas, each requiring less than four years of study, were equivalent to a U.S. bachelor's degree. The submitted evaluation did not adequately explain this equivalency, nor did it clearly establish that the petitioner's seven years of work experience were 'post-baccalaureate' as claimed, thus failing to meet the advanced degree or its equivalent requirement for EB-2.

Analyst

Wholesale Trade · Pakistan

USCIS EB-2 (NIW) dismissed
United States 2022-01-27
The Beneficiary is intended to be employed as a management analyst for a distributor of used clothing. The role involves analyzing business operations and management processes to improve efficiency within the company's distribution framework.

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

Case data sourced from publicly available petition decisions and case studies. Decision date: 2022-11-22.

Browse all cases

At a Glance

Outcome dismissed
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

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

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist