dismissed EB-2 (NIW) RFE Issued
Others
Others ยท 2024-04-08
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's specific endeavor is not detailed in the decision text, as the focus was on a material change to the claims made in the initial filing versus the response to the Request for Evidence.
Why This Petition Was Denied
The motion was dismissed because the Petitioner failed to address the Director's finding of a prohibited material change under Matter of Izummi. By failing to refute this dispositive issue in the appeal or the motions, the Petitioner effectively abandoned the claim, making a favorable decision impossible regardless of other arguments.
Request for Evidence (RFE)
Unsuccessfully AddressedThe RFE requested clarification on the proposed endeavor; the Petitioner's response introduced significant alterations that the Director classified as an impermissible material change.
RFE Targets
prong 1
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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: 2024-04-08.
Browse all casesAt a Glance
Outcome dismissed
RFE Issued
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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