dismissed EB-2 (NIW)
Marketing Manager
Marketing · 2024-08-19
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 a national interest waiver of the job offer requirement for EB-2 classification as an advanced degree professional. The specific details of the proposed endeavor itself are not described in this decision, which focuses on procedural issues.
Why This Petition Was Denied
The motions to reopen and reconsider were dismissed because the appeal brief was not timely filed at the correct address, and the Petitioner did not present new facts or establish that the prior decision was based on an incorrect application of law or policy. The Petitioner's general objections on appeal did not specifically identify any erroneous conclusion of law or statement of fact in the Director's decision, leading to a summary dismissal.
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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: 2024-08-19.
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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