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dismissed EB-2 (NIW) RFE Issued

Postdoctoral Researcher

Electrical Engineering · 2024-11-14

Decision Date
2024-11-14
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 continue research on investigating the integration of renewable energy sources into existing energy infrastructure and analyzing the impact of distributed energy resources on power system efficiency and cost-effectiveness in order to enhance the resilience and reliability of the U.S. power grid.

Framework Evaluation

1 of 3 criteria met
1 Individual is well-positioned to advance the proposed endeavor Met

The Director found that the Petitioner was well-positioned to advance the proposed endeavor.

2 Proposed endeavor has both substantial merit and national importance Not Met

The Director found the endeavor to have substantial merit, but the petitioner failed to demonstrate national importance, as the evidence did not show broader implications beyond the university.

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

USCIS declined to reach a decision on this prong, as the failure to meet Prong 1 was dispositive of the appeal.

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 met), the evidence did not sufficiently demonstrate broader national or global implications beyond the university's scope, despite the Petitioner's publications and academic records.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence to establish the national importance of the proposed endeavor. The petitioner responded by detailing his research on renewable energy integration, network analysis, and hybrid DC circuit breakers, asserting its importance to the U.S. power grid.

RFE Targets
Proposed endeavor has both substantial merit and national importance

Evidence

Evidence Types
Peer Reviewed Publications
Reference Letters Dependent
Grants
Original Contributions
Government Alignment

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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: 2024-11-14.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 3
Evidence Types 5

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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