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dismissed EB-2 (NIW)

Computer Systems Engineer/Architect

Cybersecurity · 2024-03-22

Decision Date
2024-03-22
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 as a computer system engineer/architect to establish robust security protocols to enforce national policies. The work involves creating training policies to enhance cybercrime awareness among small and large enterprises and fostering job creation in the cybersecurity field.

Framework Evaluation

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

The Director found the endeavor had substantial merit but lacked national importance; the AAO affirmed this finding.

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 Dhanasar prong. The petitioner did not identify any erroneous conclusions of law or fact in the Director's decision and instead resubmitted previously found unpersuasive arguments regarding job creation and economic benefits.

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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: 2024-03-22.

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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

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