dismissed EB-2 (NIW)
Others
Others · 2024-07-01
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 document does not specify the petitioner's proposed endeavor, as the appeal and motions focused on the threshold eligibility for EB-2 classification rather than the merits of the work itself.
Why This Petition Was Denied
The motion was dismissed because the Petitioner failed to challenge the Director's finding of EB-2 ineligibility on initial appeal, thereby waiving the issue. Subsequent motions to reopen and reconsider were dismissed as they did not present new facts relevant to the grounds of the prior dismissal or identify legal errors in the waiver determination.
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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: 2024-07-01.
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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