dismissed EB-2 (NIW)
Geologist
Geologist · 2024-09-30
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 intends to develop a web application that functions as a digital education tool for the identification of rocks and minerals. This endeavor aims to provide an educational resource in the field of geology.
Why This Petition Was Denied
The motion to reopen was dismissed because the Petitioner failed to present 'new facts' as required by 8 C.F.R. § 103.5(a)(2). Documentation, including a business plan for a web application and app store reports from May and June 2024, post-dated the 2021 filing date and thus could not be considered. A new letter of support and course certificates from 2022 also post-dated the filing and were deemed a repackaging of previously submitted material, not new pertinent information. The Petitioner also failed to adequately explain how an eighth-grade Geography Olympiad placement constituted recognition for significant contributions to the field.
Evidence
Evidence Types
Awards
Reference Letters Dependent
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: 2024-09-30.
Browse all casesAt a Glance
Outcome dismissed
Evidence Types 3
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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