dismissed EB-2 (NIW)

Accountant And Finance Manager

Finance ยท 2024-09-25

Decision Date
2024-09-25
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 submit any new evidence or assert new facts supported by documentary evidence. The motion to reconsider was dismissed because the Petitioner did not identify any incorrect application of law or policy in the prior decision, and the motion was untimely filed 75 days after the prior decision, exceeding the 33-day deadline.

Similar Cases

USCIS EB-2 (NIW) dismissed
2024-09-11
The motions to reopen and reconsider were dismissed because the previous motion was untimely filed, as USCIS regulations require actual receipt within 33 days, not mailing date. The Petitioner failed to provide evidence of timely receipt or a reasonable explanation for the delay. The motion to reconsider also failed to assert an incorrect application of law or policy in the prior decision.

Others

Others

USCIS EB-2 (NIW) dismissed
2024-10-02
The motion to reopen was dismissed because it was untimely filed and sent to the wrong location. The Petitioner's first motion was filed 54 days after the appeal dismissal, exceeding the 30-day (or 33-day for mailed) regulatory period. The Petitioner failed to demonstrate that the delay was reasonable or beyond their control, and did not provide new evidence or facts to overcome the grounds for dismissal.

Financial Manager

Financial Services

USCIS EB-2 (NIW) dismissed
2024-04-11
The Petitioner proposes to work as a finance manager. However, the specific details of the research area or methodologies were not elaborated upon in this motion dismissal, and evidence submitted showed her working as a 'product builder' and 'caregiver'.

Others

Others

USCIS EB-2 (NIW) dismissed
2024-09-24
The motion to reopen and reconsider was dismissed because it was not timely filed. The motion was received on June 4, 2024, 36 days after the appeal decision was issued on April 29, 2024, exceeding the 33-day deadline. Additionally, the Petitioner sent the motion to the USCIS Dallas Lockbox instead of the designated USCIS Phoenix Lockbox for decisions originating from the Texas Service Center, failing to comply with filing instructions.

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: 2024-09-25.

Browse all cases

At 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

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist