dismissed EB-2 (NIW)
Entrepreneur
Online Instruction · 2024-09-09
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 employment-based second preference (EB-2) immigrant classification as an individual of exceptional ability, as well as a national interest waiver of the job offer requirement. The proposed endeavor is in the field of online instruction.
Why This Petition Was Denied
The motion to reopen was dismissed because the Petitioner did not state new facts or submit supporting documentary evidence. The motion to reconsider was dismissed because the Petitioner failed to establish that the prior decision was based on an incorrect application of law or policy. The AAO noted that it was not required to analyze the Dhanasar framework since the Petitioner did not qualify for the underlying EB-2 classification. The Petitioner also failed to specifically identify which documents were improperly analyzed or how the decision violated the Fourth Amendment.
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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: 2024-09-09.
Browse all casesAt a Glance
Outcome dismissed
EB-2 (NIW) Case Data
Scraped Case Data
Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674
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