dismissed EB-2 (NIW)
Legal Administrator
Legal · 2022-12-12
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 seeks to work as a legal administrator in the United States. The specific details of the research area or methodologies were not elaborated upon in the motion dismissal.
Why This Petition Was Denied
The motion to reopen was dismissed because it failed to state new facts supported by documentary evidence as required by 8 C.F.R. § 103.5(a)(2). The motion to reconsider was dismissed because it did not identify a specific law or policy erroneously applied to the record. The petitioner largely resubmitted previous arguments and evidence, including 2021 tax documents that did not establish eligibility at the time of the 2018 filing.
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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.
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Case data sourced from publicly available petition decisions and case studies. Decision date: 2022-12-12.
Browse all casesAt 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
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