dismissed EB-2 (NIW) RFE Issued
Architect- Customer Success
Information Technology Solutions Provider · India · 2024-09-09
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 technology solutions provider, seeks to employ the Beneficiary as an 'architect- customer success' to provide professional IT services.
Why This Petition Was Denied
The appeal was dismissed because the Beneficiary's Indian diploma from D-V-University was found to be equivalent to only one year of U.S. undergraduate study, not a full baccalaureate degree. Furthermore, the Petitioner's attempt to use 13 years of work experience to establish a degree equivalency was rejected as the regulations for advanced degree professionals (8 C.F.R. § 204.5(k)(2)) require an actual degree and do not permit experience-based equivalencies for the underlying baccalaureate requirement.
Request for Evidence (RFE)
Unsuccessfully AddressedThe RFE requested evidence that the Beneficiary held the foreign equivalent of a U.S. baccalaureate degree; the Petitioner responded with expert evaluations substituting work experience for education.
RFE Targets
eb2 qualification
Evidence
Evidence Types
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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-09-09.
Browse all casesAt a Glance
Outcome dismissed
RFE Issued
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
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