E-2 Dismissed — Unknown (2022): the AAO lacks jurisdiction over the denial of an E-2

Decision Summary

The appeal was rejected because the AAO lacks jurisdiction over the denial of an E-2 application for change of status. Regulations state that while most employment-based petitions filed on Form I-129 can be appealed, E nonimmigrant applications are an exception and there is no appeal from their denial.

Criteria Discussed

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