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dismissed EB-2 (NIW) RFE Issued

Researcher In Advanced Manufacturing

Advanced Manufacturing · 2024-09-27

Decision Date
2024-09-27
This case is from a USCIS Administrative Appeals Office (AAO) appeal decision. Appeal cases represent a subset of petitions and may not reflect typical outcomes.

Proposed Endeavor

The petitioner proposes to continue research on developing state-of-the-art mathematical models to improve performance and efficiency in manufacturing and promote efficient, effective, and stable supply chain management. This includes minimizing maintenance operations costs and improving logistics for offshore wind farms, optimizing spare parts and production rates in manufacturing and wind energy sectors, and exploring advanced machining technology for titanium alloy and hardened steel.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

While the endeavor was found to have substantial merit, the Petitioner failed to sufficiently demonstrate its national importance, specifically how it would have a broader impact beyond his immediate organization or clients, create jobs, or offer substantial positive economic effects.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner did not satisfy the national importance element of the first Dhanasar prong. While substantial merit was acknowledged, the Petitioner failed to provide sufficient evidence demonstrating how his proposed endeavor would have a national impact beyond his prospective employers, clients, or collaborators. The decision noted a lack of specific detail about future research projects and insufficient evidence to show significant potential for job creation or broader economic effects. Expert letters were given less weight as they broadly discussed past research rather than the specific proposed endeavor's national importance. The Petitioner also did not provide evidence to show interest from any organization in working with him upon completing his degree.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested clarification and evidence regarding the national importance of the petitioner's proposed endeavor, particularly how it would extend beyond his direct employers or clients and contribute to job creation or broader economic benefits. The petitioner responded by highlighting the economic impact and alignment with national energy goals, but this was deemed insufficient.

RFE Targets
The proposed endeavor has both substantial merit and national importance

Evidence

Evidence Types
Peer Reviewed Publications
Citations
Reference Letters Independent
Original Contributions
Government Alignment

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Frequently Asked Questions

A dismissed EB-2 NIW petition means USCIS found the evidence insufficient to meet the eligibility criteria. Common reasons include weak documentation, failure to meet the required number of criteria, or insufficient evidence of the claimed qualifications. Petitioners can refile with stronger evidence or explore alternative visa categories.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-09-27.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 5

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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