dismissed EB-2 (NIW) RFE Issued

Not Stated

Not Stated · 2024-04-22

Decision Date
2024-04-22
Location
Not stated
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's specific endeavor is not clearly defined in the text; the AAO noted that the petitioner failed to establish the precise nature of the proposed work.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

The Petitioner failed to submit consistent evidence to establish the national importance or the precise nature of the endeavor.

Why This Petition Was Denied

The motion was dismissed because the petitioner failed to state new facts or establish that the prior decision was based on an incorrect application of law. Specifically, the petitioner did not meet the first prong of the Dhanasar framework regarding national importance and provided irrelevant legal arguments regarding the Fourth Amendment.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued an RFE to which the petitioner responded, but the evidence was deemed insufficient to meet the Dhanasar criteria.

RFE Targets
Substantial Merit and National Importance

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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: 2024-04-22.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3

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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