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dismissed EB-2 (NIW) RFE Issued

Vice President

Global Financial And Investment Services Company · 2025-01-27

Decision Date
2025-01-27
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 utilize artificial intelligence (AI), including machine learning and deep learning methodologies, to develop and optimize critical financial models. These models will forecast price movement and competitor pricing to maximize Profit and Loss (PnL) and increase liquidity for account holders, enabling the petitioner to execute critical financial transactions while minimizing risks and optimizing investment strategies. Specifically, the beneficiary will develop and optimize customer pricing, market impact, win-chance, and basis yield models.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Partially Met

USCIS found that the proposed endeavor had substantial merit but failed to establish its national importance, as the evidence did not demonstrate broader implications for the industry or substantial positive economic effects beyond the petitioner's operations.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the proposed endeavor under the first prong of the Dhanasar framework. While the substantial merit was acknowledged, the USCIS found that the evidence did not demonstrate broader implications for the industry or substantial positive economic effects beyond the petitioner's operations. The decision noted that expert letters praised the beneficiary's work but lacked sufficient explanation of its prospective benefit to the field at a national level. Generalized conclusory statements and reliance on the company's market share alone were deemed insufficient to prove national importance.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence or clarification regarding the national importance of the beneficiary's proposed endeavor. The petitioner responded by asserting that the evidence already established eligibility and that the Director's evaluation was flawed, but this response was ultimately deemed insufficient.

RFE Targets
The proposed endeavor has both substantial merit and national importance

Evidence

Evidence Types
Reference Letters Dependent
Reference Letters Independent
Original Contributions
Government Alignment
Industry Articles

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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: 2025-01-27.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 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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