dismissed EB-2 (NIW)
Others
Others · 2024-09-26
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.
Why This Petition Was Denied
The motions were dismissed because the Petitioner failed to present new facts for the motion to reopen, as required by 8 C.F.R. § 103.5(a)(2) and (a)(4). For the motion to reconsider, the Petitioner did not establish that the prior decision was based on an incorrect application of law or policy, or that it was incorrect based on the evidence in the record at the time, as required by 8 C.F.R. § 103.5(a)(3) and (a)(4). The evidence provided to prove the timeliness of the second motion was deemed inconclusive and outweighed by USCIS records indicating a late filing on December 14, 2023. Additionally, the first motion was also confirmed to have been received late on July 21, 2023, 79 days after the appeal decision.
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The motion to reopen was dismissed because it did not state new facts material to the basis for which the second combined motion was dismissed, nor was it supported with new documentary evidence. The motion to reconsider was dismissed because the petitioner did not establish that the previous decision was based on an incorrect application of law or policy at the time it was issued. The petitioner also failed to address the basis for the prior dismissal or their qualification for EB-2 classification.
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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: 2024-09-26.
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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