dismissed EB-2 (NIW)

Assistant Vice President

Financial Services Sector ยท 2025-01-21

Decision Date
2025-01-21
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 beneficiary proposes to use machine learning, deep learning, and advanced computing data processing and analysis techniques to build statistical models and reporting dashboards, along with corresponding model validation and risk management frameworks. This work aims to decrease and manage market risk and increase compliance with governing regulations critical to a stable financial system.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

The endeavor was found to have substantial merit but did not rise to the level of national importance, as the petitioner failed to demonstrate its broader implications beyond the employer.

2 The individual is well-positioned to advance the proposed endeavor Not Met

The AAO declined to reach a finding on this prong, stating it was unnecessary given the finding on Prong 1.

3 On balance, it would be beneficial to the United States to waive the job offer requirement Not Met

The AAO declined to reach a finding on this prong, stating it was unnecessary given the finding on Prong 1.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy the first Dhanasar prong, specifically regarding the national importance of the proposed endeavor. While the endeavor had substantial merit, USCIS found that the petitioner did not provide specific evidence demonstrating how the beneficiary's work, beyond the general importance of the field or the employer's size, would have national or global implications or advance critical technologies at the requisite level. Testimonial letters were deemed to contain broad assertions without specific examples of national impact, and the alleged shortage of STEM workers was not considered sufficient to establish national importance.

Evidence

Evidence Types
Reference Letters Dependent

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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: 2025-01-21.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 1

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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