dismissed EB-2 (NIW) RFE Issued

Predictive And Data Analyst

Data Science, Predictive Analytics, And Machine Learning · 2024-10-29

Decision Date
2024-10-29
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 initially proposed to continue making a meaningful impact as a Pricing Analyst and research in Data Science, Predictive Analytics, and Machine Learning, focusing on credit card fraud detection, ambient ozone pollution prediction, COVID-19 trend analysis, and stock price prediction models. In the RFE response, the petitioner expanded the endeavor to include fraud detection (cybersecurity), healthcare analytics, data-driven cyber defense, opioid epidemic interventions, national security, retail sales forecasting, environmental sustainability, and financial analytics for economic growth, and establishing a consultation firm.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

The petitioner did not sufficiently demonstrate the national importance of the proposed endeavor. The plans were vague, and the evidence did not show a broader impact beyond the employer or substantial positive economic effects as contemplated by Dhanasar.

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 initial proposed endeavor lacked sufficient detail, and the expanded endeavor in the RFE response was deemed a material change not present at the time of filing. USCIS found that the petitioner did not demonstrate how his role as a predictive and data analyst would have a broader impact beyond his employer, significantly employ U.S. workers, or have substantial positive economic effects. The research plans were vague, and supporting evidence like articles, reports, and recommendation letters did not specifically address the proposed endeavor's national importance.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested clarification on the proposed endeavor, leading the petitioner to expand the scope of his research initiatives and propose establishing a consultation firm. The petitioner also submitted evidence that originated after the filing of the petition.

RFE Targets
The proposed endeavor has both substantial merit and national importance

Evidence

Evidence Types
Peer Reviewed Publications
Reference Letters Independent
Professional Memberships

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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: 2024-10-29.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
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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