dismissed EB-2 (NIW)
Scientific Researcher
Geology · 2024-04-25
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.
Proposed Endeavor
The petitioner proposes to continue working as a scientific researcher in the field of geology. The endeavor includes supporting the training of new researchers and geoscientists in addition to conducting field research.
Framework Evaluation
1 of 3 criteria met1 Substantial Merit and National Importance Met
The AAO agreed with the Director that the petitioner met the first prong.
2 Well Positioned to Advance the Endeavor Not Met
The petitioner failed to demonstrate she is well positioned to advance her proposed research in geology.
Why This Petition Was Denied
The motion to reopen was dismissed because the petitioner failed to provide new facts or evidence to overcome the previous finding that she was not well positioned to advance her endeavor (Prong 2). Although she submitted two recommendation letters, they failed to discuss her specific endeavor, and one contained inconsistent gender pronouns, undermining its credibility.
Evidence
Evidence Types
Reference Letters Dependent
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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: 2024-04-25.
Browse all casesAt a Glance
Outcome dismissed
Criteria Met 1 / 3
Evidence Types 1
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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