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dismissed EB-2 (NIW) RFE Issued

Biomedical Scientist / Researcher

Biomedical Science · 2024-05-13

Decision Date
2024-05-13
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 write international medical books for research and medical students, gain employment at a hospital or research center, and establish a medical research institute in the United States. The work aims to teach laboratory protocols, procedures, and techniques for creating correct analyst methods.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

The AAO withdrew the finding of substantial merit due to fraud and found no evidence of national importance.

Why This Petition Was Denied

The appeal was dismissed due to a finding of willful misrepresentation of a material fact regarding the authorship of a plagiarized book. Additionally, the petitioner failed to establish that his degree from an unaccredited institution was equivalent to a U.S. master's degree and did not demonstrate the national importance of his endeavor.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director requested evidence for national importance and qualifications; the petitioner responded but failed to overcome the deficiencies, leading to a NOID on appeal regarding fraud.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Peer Reviewed Publications
Reference Letters Dependent
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: 2024-05-13.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 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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