dismissed EB-2 (NIW) RFE Issued
Others
Unknown Industry · 2024-10-28
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 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. Specifically, the Petitioner did not contest the Director's determination regarding eligibility as an advanced degree professional, thus waiving that issue. Furthermore, the Petitioner did not claim eligibility for EB-2 classification as an individual of exceptional ability before the Director, and therefore, these claims could not be considered for the first time on appeal. The Petitioner did not provide support for the assertion that eligibility for exceptional ability was previously claimed.
Request for Evidence (RFE)
Unsuccessfully AddressedA Request for Evidence (RFE) was issued by the Director. In response, the Petitioner maintained eligibility for EB-2 classification as an advanced degree professional based on education and professional experience. The Petitioner also asserted that USCIS did not request evidence relating to the regulatory criteria for exceptional ability, implying USCIS recognized satisfaction of criteria, but this assertion was not supported by the record.
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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: 2024-10-28.
Browse all casesAt 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
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