EB-2 NIWMechanical and aerospace engineeringIndividualDecided November 2024Dismissed
Outcome: Dismissed
NOV122024_04B5203
Merit and national importanceNot reached / not discussedWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed
Our summary
HVAC and electrical professional seeking EB-2 exceptional ability and NIW. AAO affirmed dismissal of motion to reopen and reconsider because petitioner failed to submit new facts supported by affidavits and documentary evidence, and motion to reconsider lacked citations to law or showing decision was incorrect.
Official PDF
Official PDF ↗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
| Criterion | Reading | Why |
|---|---|---|
 Merit and national importance | Not reached / not discussed | Appeal limited to motion dismissal; underlying NIW prongs not re-analyzed on appeal |
 Well positioned | Not reached / not discussed | Appeal limited to motion dismissal; underlying NIW prongs not re-analyzed on appeal |
 Balance favors a waiver | Not reached / not discussed | Appeal limited to motion dismissal; underlying NIW prongs not re-analyzed on appeal |
A published decision describes one case. It is not legal advice and not a prediction for yours.