dismissed EB-2 (NIW)
Entrepreneur
Unknown Industry · 2024-10-07
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 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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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: 2024-10-07.
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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