dismissed EB-2 (NIW)

Architect

Architecture · Colombia · 2023-03-29

Decision Date
2023-03-29
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.

Proposed Endeavor

The petitioner, an architect, seeks to work in the United States within her field of specialty. The specific details of her proposed research or work focus were not discussed in the decision due to the procedural dismissal.

Why This Petition Was Denied

The motion to reopen was dismissed because the petitioner failed to submit the required appeal brief to the AAO, instead incorrectly sending it to the Form I-290B filing location. Consequently, the petitioner did not timely address the Director's reasons for denial or identify erroneous conclusions of law or fact. The AAO noted she qualifies for EB-2 classification based on a bachelor's degree and five years of experience, but did not reach the Dhanasar merits.

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.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2023-03-29.

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At a Glance

Outcome dismissed
Evidence Types 1

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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