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dismissed EB-2 (NIW) RFE Issued

Computer Science Researcher And Instructor

Artificial Intelligence, Sensor Network And Machine Learning · 2023-03-22

Decision Date
2023-03-22
Location
United States
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 expand research in artificial intelligence, specifically utilizing graph data mining and machine learning to solve complex problems such as COVID-19 virus spread patterns. Additionally, she intends to teach computer science to undergraduate students to build a capable workforce in the U.S. technology sector.

Framework Evaluation

1 of 3 criteria met
1 Substantial Merit and National Importance Met

The research into machine learning and graph data mining for COVID-19 patterns has broad implications and national importance.

2 Well-positioned to Advance the Endeavor Not Met

The petitioner failed to establish that she is well-positioned to advance the proposed research and instructional work.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy the second Dhanasar prong, as she did not demonstrate she was well-positioned to advance the endeavor. While the first prong (national importance) was met due to the STEM-related nature of the research, the motion to reopen and reconsider was dismissed because no new facts or legal errors were established to overcome the original denial.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested a detailed description of the endeavor and evidence of national importance; the petitioner provided statements and articles but failed to submit all supporting letters during the initial response.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
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: 2023-03-22.

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At a Glance

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

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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