dismissed EB-2 (NIW)
Chief Executive
Orthopedic Medicine · 2024-12-09
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 proposes work in the field of orthopedic medicine, seeking an employment-based second preference (EB-2) immigrant classification with a national interest waiver.
Framework Evaluation
1 of 3 criteria met1 Petitioner is well-positioned to advance the endeavor Met
The Director found the Petitioner was well-positioned to advance the endeavor.
2 Proposed endeavor has substantial merit and national importance Not Met
The Director found substantial merit but did not find national importance.
3 On balance, it would benefit the US to waive the job offer and labor certification requirements Not Met
The Director found that waiving the job offer requirement would not benefit the United States on balance.
Why This Petition Was Denied
The motions to reopen and reconsider were dismissed because the Petitioner misfiled their brief to an incorrect address, failing to follow Form I-290B instructions. The original appeal was summarily dismissed due to the lack of a timely submitted brief and basis statement. The Director's initial decision found Prong 1 (national importance) and Prong 3 (overall benefit of waiver) unmet, while Prong 1 (substantial merit) and Prong 2 were met.
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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: 2024-12-09.
Browse all casesAt a Glance
Outcome dismissed
Criteria Met 1 / 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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