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dismissed EB-2 (NIW) RFE Issued

Others

Soccer Training · 2025-02-20

Decision Date
2025-02-20
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's proposed endeavor involves soccer training, which is argued to provide economic and public health benefits. The petitioner claims innovative methodologies may impact the field of soccer training.

Why This Petition Was Denied

The motion to reopen was dismissed due to the Petitioner's failure to state new facts or submit additional evidence. The motion to reconsider was dismissed because the Petitioner did not establish that the prior decision was based on an incorrect application of law or policy, specifically failing to meet the Matter of Lozada requirements for claims of ineffective assistance of counsel. The Petitioner did not provide an affidavit detailing the agreement with former counsel, inform counsel of ineffectiveness allegations, or indicate whether a complaint was filed with disciplinary authorities, nor provide a sufficient explanation for these omissions. The Petitioner also failed to demonstrate prejudice from former counsel's performance.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE targeted the national importance of the proposed endeavor. The petitioner alleged that former counsel's failure to properly document this aspect in the RFE reply led to the denial of the petition. The current decision does not detail the RFE response but notes the petitioner's claim of inadequate documentation by former counsel.

RFE Targets
prong 1

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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: 2025-02-20.

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At a Glance

Outcome dismissed
RFE Issued

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

Related Pages

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