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dismissed EB-2 (NIW) RFE Issued

General And Operations Manager

Engineering · 2024-09-23

Decision Date
2024-09-23
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 continue working as a General and Operations Professional in Engineering, advising U.S. companies on how to properly plan, direct, and coordinate operations of public or private sector organizations.

Why This Petition Was Denied

The motion to reopen was dismissed due to the petitioner's failure to state new facts or submit supporting documentary evidence, as required by 8 C.F.R. § 103.5(a)(2). The motion to reconsider was dismissed because the petitioner did not establish that the prior decision was based on an incorrect application of law or policy, as required by 8 C.F.R. § 103.5(a)(3). Additionally, the petitioner made a material change to the proposed endeavor after the initial filing, which is not permitted.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested information, and in response, the petitioner submitted documentation for a 'heavy equipment rental service' which was considered a material change from the original proposed endeavor of working as a General and Operations Professional in Engineering. This material change was not accepted.

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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: 2024-09-23.

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At a Glance

Outcome dismissed
RFE Issued

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

Related Pages

EB-2 (NIW) Overview All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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