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dismissed EB-2 (NIW)

Cyber Security Professional

Cyber Security · 2024-08-19

Decision Date
2024-08-19
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 work in cyber security, generally, to help mitigate the risk of cyber-attacks. However, he does not identify whether he will work for a specific company, university, training center, cyber security firm, government entity, or start his own consulting firm.

Framework Evaluation

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

The petitioner failed to establish the specific nature of his proposed endeavor or provide a direct evidentiary tie between his work and claimed economic, cultural, or industry-wide impacts necessary to demonstrate national importance.

Why This Petition Was Denied

The motion to reconsider was dismissed because the Petitioner failed to establish that the previous decision was based on an incorrect application of law or policy. The Petitioner did not provide sufficient evidence to establish the specific nature of his proposed endeavor or its direct economic, cultural, or industry-wide impacts required to establish national importance under Dhanasar Prong 1. Arguments about a shortage of qualified cybersecurity professionals were deemed irrelevant to national importance, as such shortages are addressed by the labor certification process.

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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: 2024-08-19.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

Related Pages

EB-2 (NIW) Overview All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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