dismissed EB-2 (NIW)

Others

Manufacturer Of Cleaning Products · 2025-03-26

Decision Date
2025-03-26
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 Director initially denied the petition because the Petitioner had not established that a waiver of the required job offer and labor certification would be in the national interest. However, the motions to reopen and reconsider were dismissed because U.S. Citizenship and Immigration Services records indicated that another immigrant petition for the same visa classification had already been approved on November 13, 2023, rendering the current matter moot.

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The Director denied the petition because the Petitioner failed to establish that a waiver of the job offer and labor certification would be in the national interest. The AAO dismissed the appeal and subsequent motions to reopen and reconsider because the Petitioner did not include a statement identifying erroneous conclusions with Form I-290B and mailed the appeal brief to the USCIS Phoenix Lockbox instead of directly to the AAO, causing a delay in its incorporation into the record.

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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: 2025-03-26.

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At a Glance

Outcome dismissed

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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