dismissed EB-2 (NIW)

Attorney

Attorney · 2024-08-21

Decision Date
2024-08-21
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

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish that the Director erred in dismissing her combined motions to reopen and reconsider, as they did not meet the filing requirements. The Director's original denial was based on the Petitioner's failure to establish eligibility under the Dhanasar framework for a national interest waiver.

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USCIS EB-2 (NIW) dismissed
2024-09-05
The Director denied the petition for not establishing eligibility for a national interest waiver. The initial appeal was summarily dismissed because the Petitioner did not identify specific legal or factual errors and failed to submit a brief/additional evidence within 30 days. The motion to reopen was dismissed because the Petitioner incorrectly mailed the appeal brief to a lockbox instead of directly to the AAO. The motion to reconsider was dismissed as the Petitioner did not establish that the previous decision was based on an incorrect application of law or policy.

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USCIS EB-2 (NIW) dismissed
2025-01-29
The motion to reopen and reconsider was dismissed because the Petitioner failed to identify specific erroneous conclusions of law or fact in the initial appeal filing, as required by 8 C.F.R. § 103.3(a)(1)(v) and Form I-290B instructions. Additionally, the Petitioner failed to send the follow-on brief directly to the AAO, instead mailing it to a lockbox address, which violated the Form I-290B instructions. The Petitioner did not establish eligibility as of the filing date or demonstrate that the previous decision was based on an incorrect application of law or policy.

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USCIS EB-2 (NIW) dismissed
2024-12-03
The Director denied the petition because the record did not establish the petitioner's eligibility for a national interest waiver. The Administrative Appeals Office (AAO) dismissed the appeal and subsequent motions to reconsider because the petitioner failed to identify any erroneous conclusions of law or fact in the Director's decision and did not contest the correctness of the AAO's prior dismissal decision.

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USCIS EB-2 (NIW) dismissed
2025-01-03
The Administrative Appeals Office dismissed the motions to reopen and reconsider because the Petitioner failed to present new facts supported by evidence, did not elaborate on any change in circumstances, and did not demonstrate that the prior decision was based on an incorrect application of law or policy. The Petitioner's appeal remains dismissed, and the underlying petition remains denied due to the failure to establish eligibility for a national interest waiver.

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: 2024-08-21.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3

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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