dismissed EB-2 (NIW)
Nurse
Nurse · 2024-11-13
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.
Why This Petition Was Denied
The motion to reconsider was dismissed as untimely because the regulation at 8 C.F.R. § 103.5(a)(l)(i) does not permit any extension of the filing deadline. The motion to reopen was dismissed as untimely because the petitioner's reliance on the U.S. Postal Service for timely delivery was not considered sufficient to establish that the delay was reasonable and beyond her control, as required by 8 C.F.R. § 103.5(a)(l)(i).
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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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-11-13.
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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