dismissed EB-2 (NIW)
Entrepreneur
Bars And Restaurants Industry · 2024-09-30
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's proposed endeavor involves work in the bars and restaurants industry, which the petitioner claims has significant advantages and national importance. The petitioner's business plan and experience are presented as evidence of being well-positioned to advance this endeavor.
Why This Petition Was Denied
The motions to reopen and reconsider were dismissed. The motion to reopen was dismissed because the Petitioner did not provide new facts or documentary evidence to warrant reopening. 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 it was incorrect based on the evidence of record at the time. The underlying petition remains denied due to the Petitioner's failure to establish EB-2 exceptional ability and eligibility for a national interest waiver, and the abandonment of the EB-2 eligibility claim on appeal.
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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: 2024-09-30.
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Outcome dismissed
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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