dismissed EB-2 (NIW)
Software Developer
Pulp And Paper Company ยท 2024-12-02
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 appeal was dismissed because the Administrative Appeals Office (AAO) found that the Director's interpretation of the labor certification's plain language was correct. The labor certification's part H.14 explicitly stated a five-year experience requirement for specific duties and technologies, which the Beneficiary did not meet. The AAO determined there was no ambiguity in the language, thus precluding consideration of the Petitioner's additional evidence or claimed intent regarding an alternate three-year experience criterion.
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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: 2024-12-02.
Browse all casesAt a Glance
Outcome dismissed
EB-2 (NIW) Case Data
Scraped Case Data
Total Cases 3,814
Success Rate 53.6%
Sustained 2,046
Dismissed 1,672
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