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dismissed EB-2 (NIW)

Graduate Research Assistant And Doctoral Candidate

Electrical And Computer Engineering · 2024-10-08

Decision Date
2024-10-08
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 research the development of advanced integration methods for embedded, intelligent multi-microgrid systems for identifying optimal control and security strategies to ensure more resilient and reliable power systems. He plans to publish and present the results of his research in journals and at conferences and through filing patents.

Framework Evaluation

1 of 3 criteria met
1 Proposed endeavor has both substantial merit and national importance Met

The proposed research on advanced integration methods for resilient power systems was found to have substantial merit and national importance due to its broader implications for U.S. strategic interests.

2 Individual is well-positioned to advance the proposed endeavor Not Met

The petitioner's education, publications, citations, funding, patent application, and peer review activities were not sufficient to establish he is well-positioned to advance his specific proposed endeavor.

3 On balance, it would benefit the United States to waive the job offer and labor certification requirements Not Met

The AAO declined to evaluate this prong, as the failure to meet Prong 2 was dispositive for the appeal's dismissal.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy the second Dhanasar prong, not demonstrating he was well-positioned to advance his proposed endeavor. While he had a master's degree and was a doctoral candidate, his 3 peer-reviewed journal articles, 11 conference publications, and 92 citations were deemed insufficient, with the citation analysis being questioned for its scope and interpretation. Evidence of funding was attributed to his advisor, and his patent was only 'filed' without proof of approval or significance. His varied future employment plans also undermined his specific endeavor.

Evidence

Evidence Types
Peer Reviewed Publications
Citations
Patents
Reference Letters Dependent
Grants
Conference Presentations
Original Contributions

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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: 2024-10-08.

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At a Glance

Outcome dismissed
Criteria Met 1 / 3
Evidence Types 7

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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