dismissed EB-2 (NIW)

Skydiving Instructor

Skydiving · 2024-07-29

Decision Date
2024-07-29
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 seeks to work in the United States as a skydiving instructor. The record does not provide further specific details regarding the research area or methodologies of the endeavor beyond the general role of instruction.

Why This Petition Was Denied

The motion to reconsider was dismissed because the Petitioner submitted a brief identical to the one provided on appeal, failing to meet the requirements of 8 C.F.R. § 103.5(a)(3). The Petitioner did not cite specific instances where the AAO misapplied law or policy in its previous decision. Consequently, the underlying denial based on the failure to meet the Dhanasar national interest waiver requirements remains in effect.

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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: 2024-07-29.

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At 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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