dismissed EB-2 (NIW)
Others
Others ยท 2024-11-18
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 proposed endeavor aims to contribute significantly to the social, physical, and mental well-being of youth. It is also asserted that the endeavor will create direct and indirect job opportunities.
Framework Evaluation
0 of 3 criteria met1 Proposed endeavor has substantial merit and national importance Not Met
USCIS previously determined that the petitioner's proposed endeavor did not rise to the level of national importance, and this determination was upheld as the motion to reconsider failed to demonstrate an error of law or policy.
Why This Petition Was Denied
The motions to reopen and reconsider were dismissed. The motion to reopen failed to state new facts or provide documentary evidence, and the claim of ineffective assistance of counsel did not comply with Matter of Lozada requirements. The motion to reconsider failed to identify specific errors of law or policy in the prior decision, merely broadly disagreeing with the conclusion that the proposed endeavor did not rise to the level of national importance.
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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: 2024-11-18.
Browse all casesAt a Glance
Outcome dismissed
Criteria Met 0 / 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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