dismissed EB-2 (NIW)
Software Engineer
IT Profession · 2022-07-06
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 Beneficiary seeks to be employed as a software engineer. The role requires 60 months of post-baccalaureate experience in the job offered or in a mid to senior IT profession.
Why This Petition Was Denied
The appeal was dismissed primarily because the motion to reopen was filed untimely (outside the 63-day COVID-19 flexibility period). Additionally, on the merits, the Petitioner failed to prove the Beneficiary had the required 60 months of post-baccalaureate experience, noting inconsistencies in employment letters and a 2004 W-2 showing only $21,888 in wages, which cast doubt on full-time employment claims.
Evidence
Evidence Types
Reference Letters Dependent
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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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2022-07-06.
Browse all casesAt a Glance
Outcome dismissed
Evidence Types 1
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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