dismissed EB-2 (NIW)
Engineer
Energy Efficiency And Sustainable Practices, Heating, Refrigerating, And Air-Conditioning · 2025-02-21
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 proposes to advance energy efficiency and sustainable practices within the U.S. economy and industry. This includes undertaking contracts such as installing walk-in freezers for companies like bread distribution businesses, and growing a business focused on these services.
Why This Petition Was Denied
The motions were dismissed because the petitioner failed to present new facts to establish eligibility for EB-2 classification in the motion to reopen. For the motion to reconsider, the petitioner's contentions related to the national interest waiver, an issue the AAO had previously reserved, and did not address the original dismissal ground concerning EB-2 eligibility. The AAO noted that eligibility must be established at the time of filing, and a previously submitted membership in the American Society of Heating, Refrigerating, and Air-Conditioning Engineers post-dated the filing date.
Evidence
Evidence Types
Reference Letters Dependent
Professional Memberships
Commercial Success
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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: 2025-02-21.
Browse all casesAt a Glance
Outcome dismissed
Evidence Types 3
EB-2 (NIW) Case Data
Scraped Case Data
Total Cases 3,814
Success Rate 53.6%
Sustained 2,046
Dismissed 1,672
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