dismissed EB-2 (NIW) RFE Issued
Film And Television Producer
Film And Television · Colombia · 2024-07-19
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, a film and television producer, proposes to continue his work in the United States audiovisual industry. The endeavor involves supervising and coordinating aspects of production, including script development, post-production, and distribution for film and television projects.
Why This Petition Was Denied
The motion was dismissed because the Petitioner failed to meet at least three criteria for exceptional ability, specifically failing to prove he commanded a high salary relative to others in the field or received recognition for significant contributions. Discrepancies in reported earnings (e.g., $12,664.78 vs $6,853 USD) and comparisons to minimum wage rather than industry averages led to the failure of the salary criterion. The AAO reserved judgment on the Dhanasar prongs as the Petitioner was found ineligible for the EB-2 classification itself.
Similar Cases
Others
Entertainment
USCIS EB-2 (NIW) rfe remanded
California 2024-08-29
The Director initially denied the petition because the Petitioner failed to demonstrate compliance with 20 C.F.R. § 656.10(d) regarding job posting notice requirements. The AAO, upon de novo review, found that the Petitioner did establish compliance with these requirements, citing evidence of physical posting in the kitchen area and electronic posting on Slack. The AAO withdrew the Director's decision and remanded the case for evaluation of the beneficiary's exceptional ability criteria (20 C.F.R. § 656.15(d)(2)) and the petitioner's ability to pay the proffered wage, which the Director had not previously reviewed.
Entrepreneur
Media
USCIS EB-2 (NIW) rfe dismissed
United States 2024-05-22
The petitioner proposes to operate an audiovisual production company in the United States focusing on assisting minority-owned, small, and medium-sized businesses in IRS-designated opportunity zones. The work involves planning, designing, and coordinating commercial audiovisual projects, including post-production support and project management training. The goal is to improve the market reach and sales of these businesses through high-quality digital content.
Video Editor
Entertainment · China
USCIS EB-2 (NIW) dismissed
United States 2024-04-30
The petitioner proposes to continue her work as a communications specialist and video editor in the U.S. film and television industry. She aims to create visual stories, promotional videos, and behind-the-scenes documentaries to help filmmakers and studios achieve commercial success and inform audiences.
Entrepreneur
Media
USCIS EB-2 (NIW) dismissed
2024-01-16
The petitioner, an entrepreneur in the digital media field, intended to continue his work involving cinema 4D, commercial shoots, and video production. The record mentions specific past projects such as wedding videos and commercials for beauty and personal care companies.
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: 2024-07-19.
Browse all casesAt a Glance
Outcome dismissed
RFE Issued
EB-2 (NIW) Case Data
Scraped Case Data
Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671
Related Pages
Get Case Insights
Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.
Join Waitlist