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dismissed EB-2 (NIW) RFE Issued

Owner, CEO, And Founder

Artificial Intelligence (AI) Fraud Detection Company For Fintech Companies · 2024-10-21

Decision Date
2024-10-21
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 start an Artificial Intelligence (AI) fraud detection company that will develop and implement AI-based fraud detection systems for fintech companies. This involves creating algorithms to analyze financial data, identify patterns, and detect fraudulent activity.

Framework Evaluation

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

The Director found, and the AAO did not dispute, that the proposed endeavor of AI fraud detection for fintech companies has substantial merit and national importance.

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

The Petitioner failed to demonstrate sufficient experience in entrepreneurship or creating AI algorithms, despite a background in risk management, thus not proving she is well-positioned to advance the specific proposed endeavor.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to satisfy the second prong of the Dhanasar framework. While Prong 1 (substantial merit and national importance) was met, the Petitioner did not demonstrate she was well-positioned to advance the endeavor due to a lack of experience in entrepreneurship and algorithm creation, despite her extensive background in risk management. The AAO concurred with the Director's finding that the evidence, including a business plan, letters of support, and academic degrees, did not sufficiently prove her capabilities in the specific proposed endeavor.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence regarding the Petitioner's qualifications and ability to advance her proposed endeavor. The Petitioner responded with a business plan, letters of support, a resume, certificates of training, and letters of interest, but these were deemed insufficient to establish her experience in entrepreneurship or algorithm creation.

RFE Targets
Individual is well-positioned to advance their proposed endeavor

Evidence

Evidence Types
Reference Letters Independent
Professional Memberships
Original Contributions
Reference Letters Dependent

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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: 2024-10-21.

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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 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

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