dismissed EB-2 (NIW)
Cybersecurity Entrepreneur
Cybersecurity · 2024-07-30
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 is a cybersecurity entrepreneur seeking to work in the United States within the field of cybersecurity. The specific details of the research or business operations were not elaborated upon in this motion decision.
Why This Petition Was Denied
The motion to reopen was dismissed because the petitioner failed to comply with the requirements for an ineffective assistance of counsel claim under Matter of Lozada. Additionally, the petitioner did not provide new facts to overcome the previous summary dismissal, which was based on the failure to identify specific errors of law or fact in the original denial.
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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: 2024-07-30.
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Outcome dismissed
EB-2 (NIW) Case Data
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Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671
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