dismissed EB-2 (NIW)
International Marketing Innovation Executive
Marketing Innovation ยท 2024-12-13
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.
Proposed Endeavor
The petitioner, an international marketing innovation executive, seeks a national interest waiver of the job offer requirement for second preference immigrant classification. The endeavor involves work in international marketing innovation.
Why This Petition Was Denied
The motion to reconsider was dismissed because the petitioner failed to demonstrate that the AAO's prior summary dismissal decision was based on an incorrect application of law or USCIS policy. The appeal brief was incorrectly sent to Tempe, Arizona, instead of the AAO, leading to its absence from the record. Consequently, the AAO's determination that the record lacked an appeal brief was deemed correct, and no basis for reconsideration was found.
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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: 2024-12-13.
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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