dismissed EB-2 (NIW)
Others
Others · 2024-07-29
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 sought a national interest waiver for an unspecified endeavor. The record does not detail the specific research or work focus as the appeal was dismissed on procedural grounds regarding the filing of briefs and evidence.
Why This Petition Was Denied
The motion to reopen was dismissed because the petitioner failed to state new facts supported by documentary evidence that would establish proper cause to reopen. The petitioner mistakenly mailed his appellate brief to the wrong address and failed to identify specific errors in the Director's decision, instead citing ineffective assistance of counsel and requesting a chance to re-file.
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The Director denied the petition for not establishing eligibility for a national interest waiver. The initial appeal was summarily dismissed because the Petitioner did not identify specific legal or factual errors and failed to submit a brief/additional evidence within 30 days. The motion to reopen was dismissed because the Petitioner incorrectly mailed the appeal brief to a lockbox instead of directly to the AAO. The motion to reconsider was dismissed as the Petitioner did not establish that the previous decision was based on an incorrect application of law or policy.
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: 2024-07-29.
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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