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dismissed EB-2 (NIW) RFE Issued

Cybersecurity Expert

Electronic Data Protection Services · Jamaica · 2023-10-24

Decision Date
2023-10-24
Location
United States
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 provide electronic data protection services as a cybersecurity expert to reduce threats to organizations using best-in-class practices. The work aims to protect data and communications, maintain critical infrastructure, and strengthen national defense.

Framework Evaluation

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

The endeavor has substantial merit but lacks national importance as it does not have a broad enough impact on the economy or the cybersecurity field.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor (Prong 1), as the impact was deemed localized to specific clients rather than the field at large. Additionally, the petitioner failed to submit the required labor certification application form (ETA Form 9089) despite an RFE request. The beneficiary's 16 years of experience and advanced degree were acknowledged, but were insufficient to overcome the lack of broad impact.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested the mandatory labor certification application form (ETA Form 9089). The petitioner refused to submit it, claiming the national interest waiver excused the filing of the form itself.

RFE Targets
eb2 qualification

Evidence

Evidence Types
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: 2023-10-24.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

Related Pages

EB-2 (NIW) Overview EB-2 (NIW) in Jamaica All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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