Dismissed EB-2 NIW

EB-2 NIW Dismissed โ€” Software Engineering (2023): the motion to reopen and reconsider was dismissed because

๐Ÿ“… 2023-03-27 ๐Ÿ‘ค Individual ๐Ÿ“‚ Software Engineering

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Decision Summary

The motion to reopen and reconsider was dismissed because the petitioner failed to demonstrate that the prior decision was based on an incorrect application of law or policy. The AAO affirmed its earlier finding that the petitioner did not meet at least three of the regulatory criteria for exceptional ability, specifically concluding that the evidence of recognition for achievements and significant contributions was insufficient to meet the standard.

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Criteria Discussed

Advanced Degree Exceptional Ability 8 C.F.R. ยง 204.5(K)(3)(Ii)(A) 8 C.F.R. ยง 204.5(K)(3)(Ii)(B) 8 C.F.R. ยง 204.5(K)(3)(Ii)(D) 8 C.F.R. ยง 204.5(K)(3)(Ii)(E) 8 C.F.R. ยง 204.5(K)(3)(Ii)(F)
๐Ÿ“„ Original decision (USCIS PDF)

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