dismissed EB-2 (NIW)
Entrepreneur
Technology · Nigeria · 2024-08-26
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 AAO dismissed the motion to reconsider because the petitioner did not argue that the prior summary dismissal was based on an incorrect application of law or policy, nor did they cite relevant legal provisions. The motion to reopen was dismissed because the petitioner submitted only duplicate copies of previously submitted documents, which do not constitute new facts or evidence as required.
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The motion to reopen was dismissed because the Petitioner did not assert any new facts or provide new documentary evidence, instead resubmitting previously provided documents. 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 provide corroborating evidence for timely delivery and misinterpreting the 'mailbox rule' which does not apply to USCIS proceedings governed by 8 C.F.R. § 103.2(a)(7)(i) requiring actual receipt.
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USCIS EB-2 (NIW) dismissed
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The motion to reopen was dismissed because the petitioner submitted no new facts or documentary evidence as required by 8 C.F.R. § 103.5(a)(2). The motion to reconsider was dismissed because the petitioner failed to establish that the prior decision was based on an incorrect application of law or policy, providing only general assertions that evidence was not properly analyzed. The underlying petition was originally denied because the record did not establish the petitioner qualified as an individual of exceptional ability.
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The AAO dismissed the motions because the petitioner failed to follow instructions for filing the appeal brief, sending it to the USCIS Phoenix Lockbox instead of directly to the AAO. This procedural error led to the summary dismissal of the initial appeal. The motions to reopen and reconsider did not present new facts or establish an incorrect application of law or policy by the AAO in its original summary dismissal.
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The motions to reopen and reconsider were dismissed because the Petitioner failed to meet the regulatory requirements. For the motion to reopen, no new facts supported by documentary evidence were presented that were material to the issues raised on motion and not previously submitted. For the motion to reconsider, the Petitioner did not establish that the prior decision was based on an incorrect application of law or policy or that the decision was incorrect based on the evidence in the record at the time of that decision.
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: 2024-08-26.
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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