dismissed EB-2 (NIW)
Construction And Building Inspector
Construction And Building Inspector · 2024-11-14
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, a construction and building inspector, seeks a national interest waiver for his profession. His proposed endeavor involves work within the construction and building inspection field, with a claimed economic impact from his proposed business.
Why This Petition Was Denied
The Administrative Appeals Office (AAO) dismissed the motion to reopen and reconsider because it was untimely filed. The petitioner failed to present new facts or establish that the prior decision was based on an incorrect application of law or policy. Arguments regarding the 'mailbox rule' from a British case were deemed inapplicable to U.S. immigration law, which considers a benefit request received on the actual date of receipt at the designated filing location. The petitioner did not demonstrate that the delay was reasonable and beyond his control.
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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: 2024-11-14.
Browse all casesAt a Glance
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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