dismissed EB-2 (NIW)

Human Resources Specialist

Human Resources Specialist · 2025-02-13

Decision Date
2025-02-13
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 motion to reconsider was dismissed because the petitioner failed to establish that the previous decision was based on an incorrect application of law or policy. The AAO found that the petitioner's arguments regarding the sufficiency of affidavits as secondary evidence, their ability to resolve discrepancies, and the materiality of discrepancies were already addressed and rejected in prior motions. The decision emphasized the requirement for independent, objective evidence to resolve inconsistencies, citing Matter of Ho, and stated that a motion to reconsider is not a process to resubmit the same arguments.

Evidence

Evidence Types
Reference Letters Dependent

Similar Cases

Others

Education

USCIS EB-2 (NIW) rfe dismissed
2024-08-13
The motion to reconsider was dismissed because the Petitioner did not establish that the previous AAO decision was based on an incorrect application of law or policy at the time it was issued. The Petitioner attempted to introduce new evidence and re-adjudicate the initial petition and prior decisions, which is not the proper basis for a motion to reconsider.

HR Professional

Human Resources

USCIS EB-2 (NIW) rfe dismissed
2024-09-03
The motion to reconsider was dismissed because the Petitioner failed to establish that the prior decision was based on an incorrect application of law or policy. The Petitioner did not demonstrate five years of progressive post-baccalaureate experience as required for an advanced degree professional. Discrepancies in employment history, particularly regarding a consultant role, were not resolved with independent, objective evidence. Furthermore, the Petitioner did not sufficiently explain the unavailability of primary or secondary employment evidence beyond affidavits, despite the company having other employees and upper management.

Others

Others

USCIS EB-2 (NIW) dismissed
2025-02-20
The motions to reopen and reconsider were dismissed because the Petitioner failed to meet the regulatory requirements. For the motion to reopen, no new facts supported by documentary evidence were presented that were material to the issues raised on motion and not previously submitted. For the motion to reconsider, the Petitioner did not establish that the prior decision was based on an incorrect application of law or policy or that the decision was incorrect based on the evidence in the record at the time of that decision.

Others

Others

USCIS EB-2 (NIW) dismissed
2024-07-03
The document does not provide details regarding the specific nature of the petitioner's proposed work, as it focuses on the procedural dismissal of a fourth motion to reopen and reconsider.

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: 2025-02-13.

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At a Glance

Outcome dismissed
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

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