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 is to continue working as a cybersecurity engineer, focusing on business cybersecurity and national security. The long-term goal is to establish a cybersecurity consulting firm, combining expertise in programming, network security, and data management with cybersecurity methods like cyber risk profiling, threat hunting, vulnerability remediation, mitigation, and attack prediction to alleviate complex cyber-attacks on critical infrastructure, which threaten citizens' and governmental data, personal credibility, business credibility, economic stability, security of nations, and intellectual properties.
Framework Evaluation
0 of 3 criteria met
1The proposed endeavor has both substantial merit and national importanceNot Met
The Director concluded that the Petitioner's endeavor has substantial merit but not national importance under Dhanasar's first prong. The AAO agreed, finding insufficient evidence to demonstrate the proposed endeavor's prospective impact rises to the level of national importance, as it did not distinguish the petitioner's specific work from general cybersecurity efforts or show broader impact beyond clients.
Why This Petition Was Denied
The appeal was dismissed because the petitioner failed to establish the national importance of their proposed endeavor under Dhanasar's first prong. USCIS found that while the cybersecurity field is important, the petitioner did not demonstrate how their specific work, as opposed to cybersecurity professionals generally, would have a broader impact beyond benefiting their employer and clients. The evidence, including general articles and recommendation letters, did not sufficiently detail the specific impact of the petitioner's programs or tools, nor did it provide projected U.S. economic impact or job creation directly attributable to their future work.
Request for Evidence (RFE)
Successfully Addressed
The request for evidence incorrectly referenced the 'industrial architectural engineer field,' but the Director's decision properly cited and analyzed the petitioner's actual proposed endeavor in the cybersecurity field, deeming the error harmless.
The petitioner proposes to operate a cybersecurity consultancy business providing development, consulting, and training services for Critical Infrastructure Control Systems in both the private and public sectors.
The petitioner proposes to develop a company providing cybersecurity services, specifically focusing on development, consulting, and training services for Critical Infrastructure Control Systems in both private and public sectors. The goal is to enhance cybersecurity within these systems.
The petitioner proposes to develop strategies to improve the security posture and overall resilience of critical infrastructure by leading initiatives to fortify critical infrastructure defenses and protect vital systems from cyberattacks. This includes incorporating AI-driven solutions for threat detection and zero-trust architecture, and sharing knowledge through industry forums, publications, academic collaborations, and training programs.
The petitioner proposes to advance the field of cybersecurity. This involves leveraging expertise and industry positioning to drive advancements in the cybersecurity domain, particularly through significant cybersecurity responsibilities within a global company.
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.
