dismissed EB-2 (NIW)
Others
Unknown Industry · 2024-11-26
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 AAO dismissed the appeal and motions due to procedural errors. The petitioner failed to submit a timely brief and additional evidence to the AAO, instead sending it to the USCIS Phoenix Lockbox. Subsequent motions also did not establish that the prior AAO decision was based on an incorrect application of law or policy, nor did they provide new facts to overcome the procedural dismissal. The Director's original denial was based on the petitioner not establishing that a waiver of the job offer and labor certification would be in the national interest.
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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: 2024-11-26.
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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