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dismissed EB-2 (NIW)

Cybersecurity Management

Cybersecurity Management · 2025-03-21

Decision Date
2025-03-21
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 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.

Framework Evaluation

1 of 3 criteria met
1 The individual is well-positioned to advance their proposed endeavor Met

The Director concluded that the petitioner established he was well-positioned to advance the proposed endeavor.

2 The proposed endeavor has both substantial merit and national importance Not Met

The Director found substantial merit, but the AAO agreed that the petitioner failed to establish the national importance of the endeavor, as it did not demonstrate a broad impact beyond clientele or substantial positive economic effects.

3 On balance, waiving the job offer requirement would benefit the United States Not Met

The Director concluded that the petitioner had not shown that a waiver of the job offer requirement would be beneficial to the United States.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the proposed endeavor under the first prong of the Dhanasar framework. While the Director found substantial merit and that the petitioner was well-positioned (Prong 2), the AAO agreed that national importance was not demonstrated. The petitioner did not show that the endeavor would extend beyond his clientele to broadly impact the cybersecurity industry, create significant U.S. jobs, or offer substantial positive economic effects compared to the existing market, despite citing a global cybersecurity market revenue of US$273.58 billion by 2028.

Evidence

Evidence Types
Reference Letters Independent
Government Alignment
Educational Records
Professional Experience Records

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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: 2025-03-21.

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At a Glance

Outcome dismissed
Criteria Met 1 / 3
Evidence Types 4

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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