dismissed EB-2 (NIW)
Manufacturing Technician
Manufacturing Industry · 2023-05-18
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 manufacturing technician, specifically aligning his work with mechanical engineering technology and production operations.
Why This Petition Was Denied
The appeal was dismissed because the Petitioner did not establish EB-2 eligibility as an individual of exceptional ability, failing to meet at least three criteria under 8 C.F.R. § 204.5(k)(3)(ii). Specifically, he failed to prove ten years of full-time experience as some evidence post-dated the filing, and his professional memberships and licenses also occurred after the petition was filed. Consequently, the AAO found it unnecessary to fully analyze the Dhanasar prongs.
Evidence
Evidence Types
Professional Memberships
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: 2023-05-18.
Browse all casesAt a Glance
Outcome dismissed
Evidence Types 2
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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