dismissed EB-2 (NIW)
Entrepreneur
Mental Health Industry · 2024-10-28
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 AAO dismissed the motions to reopen and reconsider because the petitioner failed to adhere to procedural requirements for filing an appeal. Specifically, the petitioner did not include a statement identifying an erroneous conclusion of law or fact with Form I-290B and mailed the supplemental brief to the USCIS Phoenix Lockbox instead of directly to the AAO, as instructed. Consequently, the AAO's prior summary dismissal of the appeal was affirmed.
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USCIS EB-2 (NIW) dismissed
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The Director denied the petition because the record did not establish the petitioner's eligibility for a national interest waiver. The Administrative Appeals Office (AAO) dismissed the appeal and subsequent motions to reconsider because the petitioner failed to identify any erroneous conclusions of law or fact in the Director's decision and did not contest the correctness of the AAO's prior dismissal decision.
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The AAO dismissed the motion to reconsider because the petitioner did not argue that the prior summary dismissal was based on an incorrect application of law or policy, nor did they cite relevant legal provisions. The motion to reopen was dismissed because the petitioner submitted only duplicate copies of previously submitted documents, which do not constitute new facts or evidence as required.
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USCIS EB-2 (NIW) dismissed
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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.
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: 2024-10-28.
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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