dismissed EB-2 (NIW)
Operations Manager And Automotive Repair Mechanic
Automotive Repair Mechanic ยท 2024-09-11
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.
Why This Petition Was Denied
The motions to reopen and reconsider were dismissed because the Petitioner failed to file them within the required 33-day timeframe from the date the prior decision was mailed (November 6, 2023). The Petitioner's argument relying on the 'mailbox rule' was rejected as it does not apply to USCIS proceedings, which require actual receipt. No evidence of timely receipt was provided, and no reasonable explanation for the delay was offered to excuse the untimely filing. Additionally, the motion to reconsider did not establish that the prior decision was based on an incorrect application of law or policy.
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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: 2024-09-11.
Browse all casesAt a Glance
Outcome dismissed
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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