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dismissed EB-2 (NIW) RFE Issued

Visa Petition Case

Unknown Industry ยท 2024-08-27

Decision Date
2024-08-27
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.

Framework Evaluation

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

The Petitioner did not establish eligibility under the first prong of the Dhanasar analytical framework.

2 Petitioner is well-positioned to advance the endeavor Not Met

USCIS reserved its opinion on the second Dhanasar prong, as it was unnecessary for the ultimate decision.

3 On balance, it would benefit the US to waive the job offer and labor certification requirements Not Met

USCIS reserved its opinion on the third Dhanasar prong, as it was unnecessary for the ultimate decision.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner did not establish eligibility under the first prong of the Dhanasar analytical framework. The motion to reopen was dismissed as no new facts supported by documentary evidence were presented. 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, or that the decision was incorrect based on the evidence in the record at the time.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued a Request for Evidence (RFE) which the Petitioner responded to. The Petitioner claimed the Director did not give due regard to all evidence provided with the petition and the RFE response, but the motion to reconsider was dismissed as the Petitioner did not articulate how the Director incorrectly applied law or policy.

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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: 2024-08-27.

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At a Glance

Outcome dismissed
RFE Issued
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

Related Pages

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