dismissed EB-2 (NIW) RFE Issued

Administrative Services Manager

Administrative Services ยท 2024-08-29

Decision Date
2024-08-29
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.

Framework Evaluation

0 of 3 criteria met
1 Proposed endeavor has substantial merit and national importance Not Met

USCIS concluded the Petitioner did not establish the national importance of her proposed endeavor.

Why This Petition Was Denied

The original appeal was dismissed because the Petitioner did not meet the first prong of the Dhanasar framework, failing to establish the national importance of her proposed endeavor. The motions to reopen and reconsider were dismissed because the Petitioner did not assert any new facts or submit new evidence for the motion to reopen, and for the motion to reconsider, she did not establish that the prior decision was based on an incorrect application of law or policy.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued a Request for Evidence (RFE) to which the Petitioner responded. The Petitioner claimed the Director erroneously determined she did not qualify for EB-2 classification as an advanced degree professional or as an individual of exceptional ability and did not properly analyze her evidence.

Similar Cases

USCIS EB-2 (NIW) rfe dismissed
2024-08-12
The motion to reconsider was dismissed because the Petitioner failed to establish that the prior decision was based on an incorrect application of law or policy. Specifically, the Petitioner's claim that a high school diploma plus 30 years of work experience qualifies as an advanced degree was rejected, as agency policy requires at least a U.S. bachelor's degree or foreign equivalent. The 'three-for-one' rule cited by the Petitioner's evaluator was found to be inapplicable to immigrant employment petitions. Additionally, the Petitioner's claim of exceptional ability was not adequately raised or supported in the initial petition or appeal, making it an insufficient basis for reconsideration.

Unknown Position

Unknown Industry

USCIS EB-2 (NIW) rfe dismissed
2024-08-27
The appeal was dismissed because the Petitioner did not establish eligibility under the first prong of the Dhanasar analytical framework. The motion to reopen was dismissed as no new facts supported by documentary evidence were presented. The motion to reconsider was dismissed because the Petitioner did not establish that the prior decision was based on an incorrect application of law or policy, or that the decision was incorrect based on the evidence in the record at the time.

HR Professional

Human Resources

USCIS EB-2 (NIW) dismissed
2025-02-11
The motion to reconsider was dismissed because the Petitioner failed to establish that the prior decision was based on an incorrect application of law or policy. The AAO found that the Petitioner did not demonstrate her proposed endeavor is of national importance under Dhanasar's first prong, and the same evidence and assertions did not warrant reconsideration.

Office Manager

Legal Services

USCIS EB-2 (NIW) dismissed
2023-06-06
The petitioner is a legal administrator seeking to work in the United States. The specific details of the endeavor's methodologies were not established as having national importance.

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: 2024-08-29.

Browse all cases

At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3

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