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dismissed EB-2 (NIW) RFE Issued

Biostatistician

Biostatistician · 2024-11-18

Decision Date
2024-11-18
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 investigate COVID-19, childhood obesity, and celiac disease to develop novel strategies and innovative statistical models for solutions within these medical domains. This includes a multi-center randomized clinical trial for COVID-19 patients in Texas, a study at a Texas children's hospital to reduce childhood obesity, and a longitudinal study on early diagnosis and prevention of celiac disease.

Framework Evaluation

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

USCIS found the proposed endeavor had substantial merit but lacked sufficient independent objective evidence to demonstrate its national importance, such as letters from potential partners or funders.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to meet the first Dhanasar prong, not sufficiently demonstrating the national importance of his proposed endeavor. While the endeavor had substantial merit, the Petitioner did not provide independent objective evidence, such as letters from potential partners or funders, to corroborate its national importance. The decision noted the Director's error in focusing on economic impact and mischaracterizing the petitioner's occupation, but these did not alter the outcome regarding the first prong.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested additional evidence regarding the proposed endeavor, to which the Petitioner responded by detailing three specific projects. However, the response did not provide independent objective evidence, such as letters from potential partners or funders, to sufficiently demonstrate the national importance of these projects.

RFE Targets
Proposed endeavor has both substantial merit and national importance

Evidence

Evidence Types
Peer Reviewed Publications
Citations
Reference Letters Dependent
Professional Memberships

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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: 2024-11-18.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 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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