dismissed EB-2 (NIW) RFE Issued
Tourist Guide
Tourism Consulting · 2025-02-25
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 initially involved providing tourism consulting. The Director noted that the petitioner materially changed her proposed endeavor, and the new evidence did not clarify how the initial endeavor would extend beyond her immediate clients to impact the industry more broadly.
Why This Petition Was Denied
The AAO dismissed the combined motions to reopen and reconsider because the Petitioner failed to establish that the prior decision was based on an incorrect application of law or policy. The Petitioner submitted new evidence (employment letters, tourist guide license, company earnings statement, additional support letters) that was not considered because it was not timely submitted to the Director. Furthermore, even if accepted, the new evidence did not address the Director's original concerns regarding the national importance of the proposed endeavor, particularly its broader impact beyond the petitioner's immediate clients or its potential for significant economic effects or job creation.
Request for Evidence (RFE)
Unsuccessfully AddressedEvidence
Evidence Types
Reference Letters Dependent
Reference Letters Independent
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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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2025-02-25.
Browse all casesAt a Glance
Outcome dismissed
RFE Issued
Evidence Types 2
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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