dismissed EB-2 (NIW)
Others
Others · 2024-10-18
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 seeks employment-based second preference (EB-2) immigrant classification as either a member of the professions holding an advanced degree or an individual of exceptional ability, and a national interest waiver of the job offer requirement.
Why This Petition Was Denied
The Director denied the petition because the Petitioner failed to establish eligibility for the EB-2 classification and the national interest waiver. The initial appeal was dismissed because the Petitioner only argued for the national interest waiver, waiving the EB-2 issue. Subsequent motions to reopen and reconsider were dismissed as untimely (filed 52 days after the decision) and for not presenting new facts or demonstrating an error in law or policy, as required by 8 C.F.R. § 103.5(a)(2) and (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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-10-18.
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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