Dismissed E-2

E-2 Dismissed โ€” Engineering (2023): the Administrative Appeals Office (AAO) lacks jurisdiction

๐Ÿ“… 2023-09-05 ๐Ÿ‘ค Company ๐Ÿ“‚ Engineering

Decision Summary

The appeal was rejected because the Administrative Appeals Office (AAO) lacks jurisdiction to review the denial of an E-2 application for a change of status. Per regulations, unlike most employment-based petitions filed on Form I-129, there is no right to appeal the denial of an E-2 application for extension of stay or change of status.

Criteria Discussed

Appellate Jurisdiction 8 C.F.R. ยง 214.1(C)(5) 8 C.F.R. ยง 248.3(G) Change Of Status Application Extension Of Stay
๐Ÿ“„ Original decision (USCIS PDF)

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