How common are denied EB-2 NIW petitions?

EB-2 NIW petition outcomes vary based on the strength of evidence, the specific criteria addressed, and the adjudicating officer. Each case is evaluated individually based on its own merits and documentation.

How does the Computer Science (CS), including CS (STEM) Higher Education industry affect EB-2 NIW petition outcomes?

The Computer Science (CS), including CS (STEM) Higher Education sector has unique considerations for EB-2 NIW petitions. USCIS evaluates whether the petitioner's qualifications and contributions align with the specific requirements of the visa category. Industry context matters for demonstrating the significance and impact of the petitioner's work.

dismissed EB-2 (NIW) RFE Issued

Computer Scientist, Professor

Computer Science (CS), Including CS (STEM) Higher Education · 2024-10-18

Decision Date

2024-10-18

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's proposed endeavor involves the practice of Computer Science (CS), including CS (STEM) Higher Education, and conducting research on the convergence of Machine Learning (ML) or Artificial Intelligence (AI) and High Performance Computing (HPC). He also proposed building manpower in computing and outputting work in the industry.

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 describe the specific endeavor or demonstrate its national importance, failing to show a broader impact on the computer science field or substantial positive economic effects.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to adequately describe his proposed endeavor and establish its national importance under the first Dhanasar prong. USCIS found that teaching activities, while meritorious, did not demonstrate a broader impact on the computer science field, and research plans lacked sufficient detail. Letters of recommendation focused on past skills or the general importance of CS, not the specific endeavor's national impact. The introduction of a consulting company in the RFE response was deemed a material change and not considered.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further details on the proposed endeavor. The petitioner responded by elaborating on his research plans (ML/AI and HPC convergence) and introducing a new consulting company. USCIS considered the consulting company a material change and found the research description still insufficient.

RFE Targets

The proposed endeavor has both substantial merit and national importance

Evidence

Evidence Types

Reference Letters Dependent

Employment Verification

Original Contributions

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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: 2024-10-18.

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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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