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dismissed EB-2 (NIW)

Entrepreneur

Production Engineering · 2025-01-21

Decision Date
2025-01-21
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 proposes to operate a consulting company providing services to other businesses, specifically in the field of production engineering. The endeavor aims to leverage the petitioner's expertise to assist businesses, though the specific nature of these services and their direct national impact were not sufficiently demonstrated.

Framework Evaluation

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

The petitioner did not provide sufficient evidence to show that their specific endeavor would meet the national importance element of the first prong under Dhanasar, despite submitting articles on the general importance of their services.

Why This Petition Was Denied

The AAO dismissed the motions because the petitioner did not present new facts with the potential to change the outcome for the motion to reopen, nor did they establish that the prior decision was based on an incorrect application of law or policy for the motion to reconsider. Specifically, the petitioner failed to provide sufficient evidence to demonstrate that their specific endeavor met the national importance element of the first Dhanasar prong, despite submitting general articles on the benefits of such services.

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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: 2025-01-21.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3

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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