dismissed EB-2 (NIW) RFE Issued

Others

Others · 2024-06-11

Decision Date
2024-06-11
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 record does not provide specific details regarding the petitioner's proposed endeavor beyond seeking an EB-2 National Interest Waiver.

Why This Petition Was Denied

The motions to reopen and reconsider were dismissed because the petitioner failed to address the grounds of the previous summary dismissal. The petitioner did not identify specific errors in law or fact or provide new facts that would change the outcome of the case.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued an RFE and NOID regarding the Dhanasar prongs. The petitioner responded with evidence, but the Director concluded the record did not establish merit for a discretionary waiver.

RFE Targets
prong 1prong 2prong 3

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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: 2024-06-11.

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At 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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