dismissed EB-2 (NIW)
Database Administrator
Information And Technology Services Business · India · 2024-05-02
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, an information and technology services business, seeks to employ the Beneficiary as a database administrator. The specific technical research or impact of the endeavor is not detailed, as the focus of the decision is on the Beneficiary's educational and experience qualifications for the EB-2 classification.
Why This Petition Was Denied
The appeal was dismissed because the Petitioner did not prove the Beneficiary had five years of post-baccalaureate experience. While the Petitioner claimed the degree was completed in November 2005, the official degree certificate was dated February 9, 2011, and the June 2006 statement of marks did not confirm degree conferral in 2005. Consequently, the Beneficiary only had 44 months of experience, failing to meet the 60-month requirement specified in the labor certification.
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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: 2024-05-02.
Browse all casesAt a Glance
Outcome dismissed
EB-2 (NIW) Case Data
Scraped Case Data
Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687
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