dismissed EB-2 (NIW)

Information Officer (Military)

Unknown Industry ยท 2025-02-03

Decision Date
2025-02-03
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 involves pursuing a career with the military, specifically in an Information role, with a clear path to the Officer Route. He claims his expertise has benefited various organizations and his work has been used by others without proper credit.

Framework Evaluation

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

The petitioner failed to provide sufficient evidence that the proposed endeavor extends beyond his business and clients to impact the field, other industries, or the U.S. economy at a nationally important level.

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

USCIS reserved its decision on this prong as the first prong was not met, making further evaluation unnecessary.

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

USCIS reserved its decision on this prong as the first prong was not met, making further evaluation unnecessary.

Why This Petition Was Denied

The motion to reopen and reconsider was dismissed because the petitioner failed to present new facts or establish that the prior decision was based on an incorrect application of law or policy. The original appeal was dismissed because the petitioner did not provide sufficient evidence to demonstrate that his proposed endeavor had national importance, failing to satisfy the first prong of the Dhanasar framework. USCIS did not evaluate the second and third prongs.

Evidence

Evidence Types
Media Coverage
Original Contributions

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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: 2025-02-03.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 2

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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