dismissed EB-2 (NIW)
Others
Unknown Industry · 2025-02-19
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.
Why This Petition Was Denied
The motion to reconsider was dismissed because the Petitioner failed to establish that the prior decision was based on an incorrect application of law or policy. The Petitioner did not directly address the conclusions of the immediate prior decision or provide reasons for reconsidering those conclusions, instead rearguing facts and issues already considered.
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USCIS EB-2 (NIW) dismissed
2024-12-19
The motion to reopen was dismissed because the Petitioner did not provide new facts to establish an error in dismissing the latest prior combined motion. The motion to reconsider was dismissed because the Petitioner did not acknowledge the latest prior decision in the proceeding and instead addressed the Director's basis for denying the underlying Form I-140.
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The motion to reopen was dismissed because the petitioner submitted no new facts or documentary evidence as required by 8 C.F.R. § 103.5(a)(2). The motion to reconsider was dismissed because the petitioner failed to establish that the prior decision was based on an incorrect application of law or policy, providing only general assertions that evidence was not properly analyzed. The underlying petition was originally denied because the record did not establish the petitioner qualified as an individual of exceptional ability.
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The motion to reopen was dismissed due to the Petitioner's failure to present new relevant facts supported by documentary evidence. The motion to reconsider was dismissed because the Petitioner reiterated identical arguments from the previous appeal without demonstrating that the prior decision was based on an incorrect application of law or policy, or incorrect based on the evidence in the record at the time of the decision. The previous appeal was dismissed because the Petitioner did not establish the national importance of the proposed endeavor (Dhanasar Prong 1).
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: 2025-02-19.
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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