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dismissed EB-2 (NIW) RFE Issued

Lawyer And Privacy Professional

Data Privacy And Protection Field · 2024-07-22

Decision Date
2024-07-22
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 consult on privacy matters for public and private sector entities, helping clients comply with privacy laws, supporting privacy litigation, contributing to privacy policies and legislation, conducting research, and supporting organizations in AI governance and privacy by design.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Partially Met

The endeavor has substantial merit due to the importance of data privacy, but it lacks national importance because the impact is limited to the petitioner's specific clients.

Why This Petition Was Denied

The petitioner failed to establish the national importance of his endeavor. The evidence focused on the general importance of the privacy field rather than the specific impact of the petitioner's proposed consulting work. The AAO found that advising individual clients does not inherently translate to a broader impact on the field at a level commensurate with national importance.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence that the proposed endeavor has national importance. The petitioner's response focused on the general importance of the field rather than the specific impact of his work.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Government Alignment
Media Coverage

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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: 2024-07-22.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 2

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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