dismissed EB-2 (NIW)
General And Operations Manager
Restaurant Manager And Entrepreneur · 2025-01-06
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 work as a general and operations manager. The endeavor is presented as having national importance, with the Petitioner being well-positioned to advance it, and that waiving the job offer and labor certification requirements would be beneficial to the United States.
Why This Petition Was Denied
The AAO dismissed the motions because the petitioner did not present new facts or evidence to warrant reopening, nor did they demonstrate that the prior decision was based on an incorrect application of law or policy. The petitioner failed to identify specific legal or factual errors in the Director's decision or the AAO's prior dismissals. The AAO did not re-adjudicate the merits of the EB-2 NIW petition.
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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: 2025-01-06.
Browse all casesAt a Glance
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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