dismissed EB-2 (NIW)
Education Specialist
Education Specialist · 2023-02-02
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 specific proposed endeavor is not detailed in the decision as the petitioner conceded eligibility for the national interest waiver to focus on disputing a misrepresentation finding.
Why This Petition Was Denied
The motion to reopen was dismissed because the petitioner failed to state new facts as required by 8 C.F.R. § 103.5(a)(2). The evidence submitted regarding third-party assistance with the petition had been previously considered, and the petitioner failed to address the misrepresentation concerns during the Notice of Intent to Revoke (NOIR) stage.
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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: 2023-02-02.
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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