dismissed EB-2 (NIW)

Entrepreneur

Others · 2024-12-03

Decision Date
2024-12-03
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 Director denied the petition because the record did not establish the petitioner's eligibility for a national interest waiver. The Administrative Appeals Office (AAO) dismissed the appeal and subsequent motions to reconsider because the petitioner failed to identify any erroneous conclusions of law or fact in the Director's decision and did not contest the correctness of the AAO's prior dismissal decision.

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The motion to reopen and reconsider was dismissed because the Petitioner failed to identify specific erroneous conclusions of law or fact in the initial appeal filing, as required by 8 C.F.R. § 103.3(a)(1)(v) and Form I-290B instructions. Additionally, the Petitioner failed to send the follow-on brief directly to the AAO, instead mailing it to a lockbox address, which violated the Form I-290B instructions. The Petitioner did not establish eligibility as of the filing date or demonstrate that the previous decision was based on an incorrect application of law or policy.

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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: 2024-12-03.

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At 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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