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dismissed EB-2 (NIW)

Consultant And /Or Advisor

Electronic Engineering ( Cybersecurity ) · 2025-01-23

Decision Date
2025-01-23
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 advance the field of cybersecurity. This involves leveraging expertise and industry positioning to drive advancements in the cybersecurity domain, particularly through significant cybersecurity responsibilities within a global company.

Framework Evaluation

0 of 3 criteria met
1 Whether the petitioner is well-positioned to advance the endeavor. Not Met

The petitioner's claim of being well-positioned to advance cybersecurity due to employment at a 'major global company' with 'significant cybersecurity responsibilities' was found unsupported. His work for a paper manufacturing company on internal IT infrastructure (maintaining Wi-Fi and applying cybersecurity principles) was not deemed sufficient to advance the overall field of cybersecurity.

2 Whether, on balance, it would benefit the US to waive the job offer and labor certification requirements. Not Met

The petitioner failed to address or contest the Director's specific findings regarding the third prong, particularly the impracticality of the labor certification process. This issue was deemed waived, leading to the dismissal of the motion to reconsider.

Why This Petition Was Denied

The AAO dismissed the motions because the petitioner failed to present new facts or documentary evidence for the motion to reopen. For the motion to reconsider, the petitioner did not establish that the prior decision was based on an incorrect application of law or policy. Crucially, the petitioner did not address or contest the Director's specific findings regarding the third Dhanasar prong, deeming the issue waived and serving as a dispositive reason for dismissal. The petitioner's arguments regarding being well-positioned under the second prong were deemed unsupported by the record, as his employment at a paper manufacturing company on internal IT infrastructure did not establish advancement in the overall cybersecurity field.

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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: 2025-01-23.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

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