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EB-2 NIWOtherIndividualDecided March 2026Dismissed

Outcome: Dismissed

MAR022026_01B5203

Merit and national importanceNot reached / not discussedWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed

Our summary

Petitioner appealed dismissal of motion to reopen and reconsider prior NIW denial. AAO held appeal concerns only procedural motion dismissal not underlying petition denial; petitioner waived substantive arguments by not appealing original denial and failing to articulate legal error in motion dismissal.

Official PDF

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Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.

No criterion in the table was found met in this decision.

What was missing

Every criterion in the table was found met.

Criteria

CriterionReadingWhy
Merit and national importanceNot reached / not discussedPetitioner appealed only motion dismissal not underlying denial; merits not reached on appeal.
Well positionedNot reached / not discussedAppeal concerns motion procedure not petition merits.
Balance favors a waiverNot reached / not discussedAppeal concerns motion procedure not petition merits.

A published decision describes one case. It is not legal advice and not a prediction for yours.

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