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dismissed EB-2 (NIW)

Machine Learning Engineer

Computer Science And Engineering Research, IT And E-Commerce Industries, Machine Learning, Data Science, E-Commerce, And Digital Advertising Industries · 2025-03-04

Decision Date
2025-03-04
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 his work in computer science and engineering research and their practical application through studies in software engineering, machine learning, and deep learning. This includes optimizing novel search and unified browse, developing AI for real-time bidding in digital advertising, and exploring new recommendation model architectures to support core advertising models for the U.S. e-commerce and digital advertising industries.

Framework Evaluation

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

The petitioner did not sufficiently demonstrate that the proposed endeavor has national importance beyond the employer's interests and retail clients, failing to show broader implications or substantial positive economic effects for the United States.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy the first Dhanasar prong, not demonstrating the national importance of his endeavor beyond his employer's interests. The AAO did not reach Prongs 2 and 3, upholding the Director's finding that Prong 1 was not met. The petitioner's work, despite generating an estimated $20 million annually for his employer, was not shown to have broader national or global impact.

Evidence

Evidence Types
Patents
Reference Letters Dependent
Original Contributions
Commercial Success
Peer Reviewed Publications
Conference Presentations

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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: 2025-03-04.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 6

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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