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dismissed EB-2 (NIW) RFE Issued

Cybersecurity And Information Technology (IT) Teacher

Cybersecurity And Information Technology (IT) · 2024-12-13

Decision Date
2024-12-13
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 innovate in cybersecurity to protect citizens' identities against theft and prevent fraud by developing 'intelligent proactive models' and designing 'architecture to take proactive actions' to neutralize cyber criminals' activities. He also intends to promote IT and cybersecurity education by training students to earn industry-based certifications.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

The proposed endeavor was found to have substantial merit, but the petitioner failed to demonstrate its national importance, as the impact was not shown to extend sufficiently beyond his employers to enhance societal welfare on a broader scale.

2 Well-Positioned to Advance the Endeavor Not Met

The Director found the petitioner well-positioned to advance the proposed endeavor, but the AAO reserved judgment on this prong as the first prong was not met, therefore it is considered unmet for the overall decision.

3 Benefit to the United States to Waive Job Offer and Labor Certification Not Met

The Director determined that it would, on balance, benefit the United States to waive the job offer requirement, but the AAO reserved judgment on this prong as the first prong was not met, therefore it is considered unmet for the overall decision.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to demonstrate the national importance of his proposed endeavor under the first prong of the Dhanasar framework. While the endeavor has substantial merit, the petitioner did not provide sufficient evidence to show that his specific work as an IT professional or teacher would have broader implications, enhance societal welfare on a national scale, or create substantial positive economic effects beyond his employers.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested clarification on the petitioner's proposed endeavor and evidence to support its national importance. The petitioner responded by providing varying descriptions of his work and plans, but ultimately failed to provide sufficient evidence to establish national importance.

RFE Targets
Substantial Merit and National Importance

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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: 2024-12-13.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3

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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