dismissed EB-2 (NIW)
Restaurant Manager
Restaurant Manager · 2025-01-13
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.
Why This Petition Was Denied
The petition was denied because the Petitioner did not establish eligibility for the underlying EB-2 immigrant classification, specifically failing to meet any of the six evidentiary criteria for exceptional ability at 8 C.F.R. § 204.5(k)(3)(ii). As a result, the national interest waiver arguments were not considered. Subsequent combined motions to reopen and reconsider were dismissed because the Petitioner did not submit new facts or identify any error of law or policy in the prior decision, merely rearguing previously considered issues.
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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: 2025-01-13.
Browse all casesAt a Glance
Outcome dismissed
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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