dismissed EB-2 (NIW)
Management Consultant Entrepreneur
Management Consultant Entrepreneur · 2024-10-01
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 motions to reopen and reconsider were dismissed. The initial appeal was dismissed as untimely, filed 40 days after the Director's decision. The petitioner's argument that submission to USPS was equivalent to submission to USCIS was rejected, as USCIS considers a request received only when physically or electronically received at a designated filing location. No tracking data was provided to prove timely mailing or receipt. For the motion to reopen, the petitioner did not establish eligibility. For the motion to reconsider, the petitioner failed to show the prior decision was based on an incorrect application of law or policy.
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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: 2024-10-01.
Browse all casesAt a Glance
Outcome dismissed
EB-2 (NIW) Case Data
Scraped Case Data
Total Cases 3,814
Success Rate 53.6%
Sustained 2,046
Dismissed 1,672
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