Dismissed
EB-2 NIW
EB-2 NIW Dismissed — Government Services: the petitioner filed for an EB-2 National Interest Waiver
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Decision Summary
The appeal was dismissed because the petitioner filed for an EB-2 National Interest Waiver but provided arguments and evidence for an entirely different classification, EB-4 Special Immigrant. The AAO noted that the petitioner fundamentally confused the two categories and sought a benefit that falls under the jurisdiction of the Department of State, not USCIS. Consequently, the petitioner failed to establish eligibility for the EB-2 NIW classification that was actually filed.
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Jurisdictional Conflict (Cis Vs. Department Of State) Confusion Between Eb-2 Niw And Eb-4 Special Immigrant Classifications Failure To Meet Basic Eligibility For The Requested Classification Matter Of New York State Dept. Of Transportation
📄 Original decision (USCIS PDF)
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