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dismissed EB-2 (NIW)

Veterinary Assistant

Veterinary Assistant · 2024-10-30

Decision Date
2024-10-30
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 seeks a national interest waiver of the job offer requirement for an EB-2 classification as an advanced degree professional. The specific nature of the proposed endeavor itself is not detailed in this text, beyond its general classification.

Framework Evaluation

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

The Director initially found the endeavor of national importance, but the AAO later withdrew this finding, indicating it was not met.

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

Both the Director and the AAO found that the petitioner was not well-positioned to advance the proposed endeavor.

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

The Director concluded that it would not benefit the U.S. to waive the job offer requirement, and this was not overturned by the AAO.

Why This Petition Was Denied

The Director denied the petition because the petitioner was not well-positioned to advance her endeavor and it would not benefit the U.S. to waive the job offer. The AAO dismissed the appeal, affirming the finding on Prong 2 and withdrawing the Director's finding on Prong 1. Subsequent motions to reopen and reconsider were dismissed because the petitioner did not present new facts or establish that the prior summary dismissal was based on an incorrect application of 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: 2024-10-30.

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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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