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dismissed EB-2 (NIW) RFE Issued

Archeologist

Archeologist · Egypt · 2024-11-01

Decision Date
2024-11-01
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 conduct research on African American archaeology, comparing it to the Mamluk civilization to understand the lasting impact of historical slavery on African American communities, traditions, and built environments. He also intends to educate U.S. university students, publish research, and participate in media production.

Framework Evaluation

1 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Met

The proposed research comparing African American archaeology to the Mamluk civilization was found to have substantial merit and national importance.

2 The individual is well-positioned to advance their proposed endeavor Not Met

The petitioner did not demonstrate he is well-positioned to advance his proposed endeavor, lacking sufficient evidence of a record of success, progress, or interest from other entities.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy the second Dhanasar prong, not demonstrating he is well-positioned to advance his proposed endeavor. While he holds a Ph.D. in Islamic archaeology from Egypt (2016), USCIS found his academic accomplishments alone insufficient. The submitted expert letters provided general praise but lacked specific details on how his contributions demonstrated a record of success or progress related to his proposed research on African American archaeology. Evidence of peer review and conference participation was also deemed insufficient due to lack of detail and relevance to the proposed endeavor. No evidence of financial support or interest from academic institutions for his specific proposed research was provided.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested more specific details on the petitioner's proposed endeavor, including teaching and media production, and evidence of how he is well-positioned to advance it. The petitioner responded by elaborating on his research on African American archaeology, but new employment details were considered material changes and not accepted.

RFE Targets
The proposed endeavor has both substantial merit and national importanceThe individual is well-positioned to advance their proposed endeavor

Evidence

Evidence Types
Peer Reviewed Publications
Reference Letters Independent
Conference Presentations
Original Contributions

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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: 2024-11-01.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 3
Evidence Types 4

EB-2 (NIW) Case Data

Scraped Case Data

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

Related Pages

EB-2 (NIW) Overview EB-2 (NIW) in Egypt All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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