dismissed EB-2 (NIW) RFE Issued
Network Engineer
Software Design And Development Provider · 2024-09-04
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 AAO dismissed the appeal as moot because the Petitioner had submitted a request to withdraw the petition prior to a final decision being issued, and the AAO accepted this request. Additionally, the AAO withdrew the Director's finding of willful misrepresentation against the Petitioner, concluding that the Director's NOIR and NOR were deficient as they did not sufficiently explain the alleged misrepresentation or identify which specific documents were not legitimate.
Request for Evidence (RFE)
Successfully AddressedThe Director issued a Notice of Intent to Revoke (NOIR) based on alleged willful misrepresentation of material facts, citing determinations from DOS and DOL regarding altered/fraudulent documents and unpaid wages. The Petitioner responded with a letter verifying the job offer and beneficiary's employment details, including paid wages and assigned work.
RFE Targets
evidence authenticity
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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: 2024-09-04.
Browse all casesAt a Glance
Outcome dismissed
RFE Issued
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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