dismissed EB-2 (NIW)

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Real Estate And Construction · 2025-04-10

Decision Date
2025-04-10
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 engage in an endeavor within the real estate and construction sectors, focusing on services for his business and potential clients.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

The record did not establish that the proposed endeavor's impact would extend sufficiently beyond the petitioner's business and clients to a level of national importance.

Why This Petition Was Denied

The motion was dismissed because it did not meet the requirements of 8 C.F.R. § 103.5(a)(3); the petitioner merely reargued facts already considered and failed to establish that the prior decision was based on an incorrect application of law or policy.

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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: 2025-04-10.

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At a Glance

Outcome dismissed
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

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