dismissed EB-2 (NIW)

Others

Unknown Industry ยท 2024-12-19

Decision Date
2024-12-19
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 is to obtain an EB-2 immigrant classification as a member of the professions holding an advanced degree, with a national interest waiver of the job offer requirement.

Framework Evaluation

0 of 3 criteria met
1 Proposed endeavor has substantial merit and national importance Not Met

The Petitioner did not establish the national importance of the proposed endeavor, which was the basis for the dismissal of the initial appeal.

Why This Petition Was Denied

The motion to reconsider was dismissed because the Petitioner failed to demonstrate that the prior decision was based on an incorrect application of law or policy or was incorrect based on the evidence in the record. The Petitioner merely reiterated prior arguments without showing proper cause for reconsideration. The original appeal was dismissed because the Petitioner did not establish the national importance of the proposed endeavor (Dhanasar 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: 2024-12-19.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3

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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