dismissed EB-2 (NIW)

Marketing Communications Manager

Software, Services, And Internet Technologies Company · 2022-05-16

Processing Time
7 days
Decision Date
2022-05-16
Location
United States
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 to employ the Beneficiary as a marketing communications manager within its software, services, and internet technologies company.

Why This Petition Was Denied

The appeal was dismissed because the filing fee was not honored by the financial institution, rendering the petition void under 8 C.F.R. § 106.1(c). The Petitioner failed to respond to the Notice of Intent to Revoke (NOIR) and the evidence submitted on appeal (a check dated two months prior to filing) failed to specifically identify the petition or beneficiary in question.

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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: 2022-05-16.

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At a Glance

Outcome dismissed
Processing 7 days

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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