dismissed EB-2 (NIW)

Nurse Training Program

Nurse Training Program ยท 2025-02-25

Decision Date
2025-02-25
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.

Framework Evaluation

0 of 3 criteria met
1 Proposed endeavor has substantial merit and national importance Not Met

The decision implies this prong was not met as the petitioner did not establish that a waiver of the job offer requirement is in the national interest, which encompasses the national importance aspect.

2 Petitioner is well-positioned to advance the endeavor Not Met

The decision implies this prong was not met as the petitioner did not establish that a waiver of the job offer requirement is in the national interest.

3 On balance, it would benefit the US to waive the job offer and labor certification requirements Not Met

The decision explicitly states the petitioner did not establish that a waiver of the job offer requirement is in the national interest, directly indicating this prong was not met.

Why This Petition Was Denied

The petition was denied because the Petitioner failed to establish that a waiver of the job offer requirement was in the national interest. The subsequent motion to reopen was dismissed because the Petitioner did not provide new facts or additional evidence to demonstrate that the AAO erred in dismissing prior motions, nor did the new evidence establish eligibility at the time of filing.

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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: 2025-02-25.

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At a Glance

Outcome dismissed
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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