dismissed EB-2 (NIW)
Cybersecurity Consultant
Cybersecurity And IT Fields · 2024-08-01
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.
Why This Petition Was Denied
The appeal was dismissed because the Petitioner failed to demonstrate exceptional ability for EB-2 classification. Although the Petitioner met three initial criteria (ten years of experience, license to practice, and professional association membership), the final merits determination found that certifications like CISSP and GIAC, and membership in ISC2 (over 600,000 members), did not prove expertise significantly above that ordinarily encountered in the cybersecurity field. The Director noted that the claim of only 7% of U.S. cybersecurity professionals holding CISSP was uncorroborated. Consequently, the Dhanasar prongs for the national interest waiver were not evaluated.
Evidence
Evidence Types
Professional Memberships
Original Contributions
Awards
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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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-08-01.
Browse all casesAt a Glance
Outcome dismissed
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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