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dismissed EB-2 (NIW) RFE Issued

Assistant Professor

Information Technology (IT) · 2025-04-14

Decision Date
2025-04-14
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 develop state-of-the-art security schemes for wireless sensor networks (WSNs) and Internet of Things (IoT) devices to improve the identification and prevention of cyber-attacks. His research focuses on enhancing resilience in the context of Smart Cities and developing innovative solutions to mitigate cybersecurity threats. He also intends to teach networks and cybersecurity courses as an assistant professor.

Framework Evaluation

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

The research into cybersecurity for WSNs and IoT has broad implications for national security and technological leadership.

2 Well-positioned to Advance the Endeavor Met

The petitioner's doctoral degree and significant citation record demonstrate a record of success and progress in the field.

3 On Balance, Beneficial to Waive Job Offer Not Met

The petitioner did not establish that the labor certification process was impractical or that his specific contributions were urgent enough to bypass it.

Why This Petition Was Denied

The petitioner established EB-2 eligibility with a Ph.D. in computer science and met the first two Dhanasar prongs with 19 publications and 445 citations. However, the appeal was dismissed because he did not satisfy prong three, as he failed to show why a labor certification would be impractical or that his contributions were sufficiently urgent. He even stated he was confident in his ability to secure a position, undermining the argument for a waiver.

Request for Evidence (RFE)

Successfully Addressed

The Director questioned the consistency of the proposed endeavor and the validity of the credential evaluation; the petitioner provided a detailed research plan and a course-by-course evaluation.

RFE Targets
Substantial Merit and National ImportanceWell-positioned to Advance the Endeavor

Evidence

Evidence Types
Peer Reviewed Publications
Citations
Reference Letters Independent
Government Alignment

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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: 2025-04-14.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 2 / 3
Evidence Types 4

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

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