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dismissed EB-2 (NIW) RFE Issued

Scientist

Biotechnology · 2024-08-22

Decision Date
2024-08-22
Location
Maryland
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 initially proposed to research and develop advanced sensor technologies and new data-driven guidance to monitor heavy metal levels in water and commercial products. This endeavor aimed to reduce the frequency and costs of heavy metal poisoning across industries like food, agriculture, and pharmaceuticals.

Framework Evaluation

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

The petitioner failed to consistently articulate the nature of the proposed endeavor, making it impossible to determine its substantial merit and national importance. The initial proposal focused on heavy metal detection, while the RFE response shifted to neurological disease biosensors.

Why This Petition Was Denied

The appeal was dismissed because the petitioner made a material change to the proposed endeavor in response to the RFE, shifting from heavy metal detection to neurological disease biosensors. This inconsistency rendered the proposed endeavor ill-defined and amorphous, preventing USCIS from applying the Dhanasar framework to determine its substantial merit and national importance. USCIS cited Matter of Izummi, stating that a petitioner cannot make material changes to a petition to conform to service requirements.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence regarding the national importance of the petitioner's initial proposed endeavor (heavy metal detection). The petitioner responded by submitting a revised proposed endeavor focusing on neurological disease biosensors, which was considered a material change and led to the denial.

RFE Targets
The proposed endeavor has both substantial merit and national importance

Evidence

Evidence Types
Reference Letters Independent

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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: 2024-08-22.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 1

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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