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dismissed EB-2 (NIW) RFE Issued

Others

Others ยท 2025-02-18

Decision Date
2025-02-18
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 specific proposed endeavor from the initial petition is not detailed, but a revised endeavor, which was not considered, involved starting the Petitioner's own business.

Framework Evaluation

0 of 3 criteria met
1 Proposed endeavor has substantial merit and national importance Not Met

The Petitioner did not establish that the proposed endeavor, as described in the initial petition, has substantial merit or national importance.

Why This Petition Was Denied

The motion to reconsider was dismissed because the Petitioner failed to establish that the prior decision was based on an incorrect application of law or policy. The AAO found the Petitioner made a material change to the proposed endeavor in response to an RFE, and thus only considered the initial petition, which failed to establish substantial merit or national importance under the first Dhanasar prong. The Petitioner did not provide new evidence or arguments to overcome this determination.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE prompted the Petitioner to submit a revised endeavor statement and business plan. However, the AAO deemed this a material change to the petition, and therefore did not consider the new information, instead relying on the initial submission which was found insufficient.

RFE Targets
Proposed endeavor has substantial merit and 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.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2025-02-18.

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At a Glance

Outcome dismissed
RFE Issued
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

Related Pages

EB-2 (NIW) Overview All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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