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dismissed EB-2 (NIW) RFE Issued

Machine Learning Engineer

Computer And Information Research Scientist · 2025-02-21

Decision Date
2025-02-21
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 continue pursuing an endeavor as a machine learning engineer, which includes developing AI models to protect content safety for videos, investigating cutting-edge AI systems, and improving their robustness and fairness to address AI safety. The endeavor is distinct from his employment but appears to be primarily focused on his current employer's applications.

Framework Evaluation

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

The proposed endeavor was found to have substantial merit, but the petitioner failed to establish its national importance, as it did not demonstrate broader implications beyond the petitioner's employer or substantial positive economic effects.

2 The individual is well-positioned to advance the proposed endeavor Not Met

The Director determined that the record does not satisfy this prong.

3 On balance, waiving the job offer requirement would benefit the United States Not Met

The Director determined that the record does not satisfy this prong.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish national importance under the first Dhanasar prong. While the endeavor had substantial merit, it did not demonstrate broader implications beyond the petitioner's current employer, its content, and users, nor did it show significant potential for U.S. job creation or substantial positive economic effects. The AAO reserved opinion on prongs two and three.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence, to which the petitioner responded with an updated personal statement. However, the response, along with other evidence, discussed generalities of computer science and AI rather than providing specific, probative evidence for the national importance of the proposed endeavor.

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

Evidence

Evidence Types
Peer Reviewed Publications

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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: 2025-02-21.

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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 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

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