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dismissed EB-2 (NIW) RFE Issued

Director

Future Education And Research Industry · China · 2024-05-16

Decision Date
2024-05-16
Location
Hong Kong
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 establish and run a digital international university based on emerging technologies such as blockchain, artificial intelligence, and extended reality, eventually moving headquarters to the U.S.

Framework Evaluation

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

The Director found the endeavor to establish a digital university had substantial merit and national importance.

2 Well Positioned to Advance the Endeavor Not Met

The petitioner's experience in transit systems and housing research did not demonstrate readiness to establish and manage a university.

3 On Balance, Beneficial to the U.S. to Waive Job Offer Not Met

The AAO declined to reach this issue as the petitioner failed the second prong.

Why This Petition Was Denied

The petitioner failed to show he is well-positioned to advance the endeavor. His past success in urban rail transit and housing research is unrelated to operating a university, and his business plan lacked specific details, funding evidence, or proof of faculty and students.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE asked for evidence regarding the second and third prongs. The petitioner provided a business model and argued his IT background was applicable, but failed to show meaningful progress.

RFE Targets
Well Positioned to Advance the EndeavorOn Balance, Beneficial to the U.S. to Waive Job Offer

Evidence

Evidence Types
Peer Reviewed Publications
Citations
Awards

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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: 2024-05-16.

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At a Glance

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

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 China All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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