dismissed EB-2 (NIW)

Technical Project Manager

Electronic Cooling Solutions For Applications Including Data Centers, Cloud Computing, Telecommunications, Semiconductor And Consumer Electronics · 2024-09-24

Decision Date
2024-09-24
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 develop thermal performance models and thermal management designs for sustainable, cost-effective, and energy-efficient electronic cooling solutions. These solutions are intended for applications such as data centers, cloud computing, telecommunications, semiconductor, and consumer electronics.

Framework Evaluation

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

The Director concluded, and the AAO agreed, that the Petitioner is well-positioned to advance the proposed endeavor.

2 The proposed endeavor has both substantial merit and national importance Not Met

The AAO agreed with the Director that the Petitioner established substantial merit but failed to demonstrate the national importance of the proposed endeavor, specifically regarding its broad impact beyond a single employer.

3 On balance, waiving the job offer requirement would benefit the United States Not Met

The AAO reserved opinion on this prong as the first prong was dispositive.

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. The AAO agreed with the Director that the record lacked sufficient detail to show the potential prospective impact of the endeavor, particularly how the research, pursued through employment as a technical project manager, would have a broad impact beyond a single prospective employer.

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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: 2024-09-24.

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At a Glance

Outcome dismissed
Criteria Met 1 / 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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