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sustained EB-2 (NIW)

Researcher And A University Teacher Of Applied Mathematics

Engineering And Applied Science · 2024-07-18

Decision Date
2024-07-18
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 conduct research on resilient systems and computational mechanics to develop structural systems and design strategies that enhance the performance and safety of civil infrastructure. This includes improving disaster-resistant designs and the repair and retrofitting of aging structures to ensure post-disaster functionality, as well as prototyping a novel alloy-based damper device.

Framework Evaluation

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

The endeavor to improve disaster-resistant design and repair aging infrastructure was found to have substantial merit and national importance.

2 Well-positioned to Advance the Endeavor Met

The petitioner's education, published work, and high citation record demonstrate he is well-positioned to advance the research.

3 On Balance, Beneficial to Waive Job Offer Met

The petitioner's STEM expertise and the significance of his work to U.S. infrastructure safety outweigh the need for a labor certification.

Why This Petition Was Approved

The appeal was sustained because the petitioner met all three Dhanasar prongs, supported by two advanced STEM degrees, a record of peer-reviewed publications with high citation rates, and evidence of research supported by a National Science Foundation grant. Expert letters confirmed the significance of his algorithms for structural integrity, and his role as a researcher and teacher was deemed sufficient to advance the endeavor.

Evidence

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

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Frequently Asked Questions

A sustained EB-2 NIW (I-140) petition means USCIS determined the petitioner met the eligibility requirements. For appealed cases, "sustained" means the appeal reversed a prior denial. The petitioner can proceed to the next step in the immigration process.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-07-18.

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At a Glance

Outcome sustained
Criteria Met 3 / 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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