dismissed EB-2 (NIW) RFE Issued
Educator And An Entrepreneur
Educator And An Entrepreneur ยท 2024-09-06
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 motion to reopen was dismissed because the Petitioner did not offer new evidence or facts, submitting the same evidence already in the record. The motion to reconsider was dismissed because the Petitioner failed to establish that the prior decision was based on an incorrect application of law or policy. The RFE response was deemed untimely, even though mailed, as it arrived one day late, and the AAO affirmed that late-filed evidence cannot be considered part of the record.
Request for Evidence (RFE)
Unsuccessfully AddressedThe RFE requested evidence for the Petitioner's qualification for the EB-2 classification and eligibility for a national interest waiver. The Petitioner responded by mailing the evidence, but it was delivered one day late. The AAO affirmed that the late-filed RFE response could not be considered.
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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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-09-06.
Browse all casesAt a Glance
Outcome dismissed
RFE Issued
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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