dismissed EB-2 (NIW) RFE Issued
Entrepreneur And Electrician
Entrepreneur And Electrician · 2024-08-13
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 motions to reopen and reconsider were dismissed because the petitioner failed to present new facts supported by documentary evidence for the motion to reopen, and did not provide reasons or cite precedent to establish that the prior decision was based on an incorrect application of law or policy for the motion to reconsider. The petitioner's evidence of 18 years of full-time experience as an electrician was not considered new evidence pertaining to the latest decision dismissing the prior motion.
Request for Evidence (RFE)
Unsuccessfully AddressedThe Director issued an RFE requesting evidence in the form of letters from current or former employers showing at least 10 years of full-time experience in the occupation. The petitioner responded with letters from June 2021 and later submitted February 2023 letters, but these were not provided in response to the RFE, which was issued in November 2022. The AAO declined to consider the new evidence on motion.
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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: 2024-08-13.
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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