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sustained EB-2 (NIW)

Assistant Professor And Researcher In Finance And Economics

Finance And Economics · 2024-10-16

Decision Date
2024-10-16
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's endeavor is to continue his career teaching in a University in the United States and pursue research to develop machine learning techniques for application to finance to enhance return prediction, discover new risk factors, and explore the effect of corporation innovation activities on stock returns.

Framework Evaluation

3 of 3 criteria met
1 Proposed endeavor has both substantial merit and national importance Met

The Director determined, and the AAO agreed, that the Petitioner's proposed endeavor to develop machine learning techniques for finance has substantial merit and national importance.

2 Individual is well-positioned to advance their proposed endeavor Met

The AAO found the Petitioner well-positioned, citing his PhD in economics, expertise in econometrics and machine learning, academic records, awards, published work, peer review activity, citations, recommendation letters, and current role as a teacher and researcher.

3 On balance, waiving the job offer requirement would benefit the United States Met

The AAO concluded that waiving the labor certification would benefit the U.S., considering the Petitioner's advanced STEM degree, published research, peer review, knowledge, skills, plan for his STEM endeavor, and the interest and support from national academic members in his field.

Why This Petition Was Approved

The appeal was sustained because the Petitioner met all three Dhanasar prongs. For Prong 1, the endeavor's substantial merit and national importance were affirmed. For Prong 2, the AAO found the Petitioner well-positioned due to his PhD in economics (econometrics), published work, peer review activity, citations, awards (Best Paper Award), and strong recommendation letters detailing the impact of his research on consumer behavior and investment strategies. For Prong 3, the waiver was deemed beneficial due to his advanced STEM degree, published research, peer review, knowledge, skills, plan for future activities, and interest/support from national academic members.

Evidence

Evidence Types
Peer Reviewed Publications
Citations
Awards
Reference Letters Independent
Grants
Conference Presentations
Original Contributions

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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: 2024-10-16.

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At a Glance

Outcome sustained
Criteria Met 3 / 3
Evidence Types 7

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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