dismissed EB-2 (NIW)
Others
Others · 2025-04-03
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's specific proposed endeavor is not detailed in the decision text, as the review focused on procedural deficiencies regarding EB-2 classification eligibility and claims of ineffective assistance of counsel.
Why This Petition Was Denied
The motion was dismissed because the Petitioner failed to meet the requirements of 8 C.F.R. § 103.5(a) for reopening or reconsideration. Specifically, the Petitioner did not satisfy the Matter of Lozada requirements for ineffective assistance of counsel, failed to provide an affidavit or credible evidence, and had previously waived the issue of EB-2 immigrant classification eligibility.
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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: 2025-04-03.
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Outcome dismissed
EB-2 (NIW) Case Data
Scraped Case Data
Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687
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