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dismissed EB-2 (NIW) RFE Issued

Software Engineer

Machine Learning Systems Security · 2025-02-26

Decision Date
2025-02-26
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 investigate the security of machine learning models, including large language models, multi-modal machine learning models, and large foundation models. The goal is to identify vulnerabilities in these models and design advanced defense mechanisms to enhance the security of these AI systems.

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 the petitioner failed to demonstrate national importance, as the impact was not shown to extend broadly beyond direct users or have substantial positive economic effects.

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

USCIS declined to evaluate this prong because the first prong was not met, making the issue dispositive.

3 On balance, it would benefit the US to waive the job offer requirement Not Met

USCIS declined to evaluate this prong because the first prong was not met, making the issue dispositive.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his proposed endeavor, thus not meeting the first prong of the Dhanasar framework. While the endeavor had substantial merit, the evidence did not demonstrate broader implications beyond the petitioner's employer and its customers, or substantial positive economic effects commensurate with national importance. The decision did not reach the second and third Dhanasar prongs.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence regarding the national importance of the petitioner's proposed endeavor. In response, the petitioner provided a more specific description of his work, additional support letters, and government documents highlighting the general importance of AI security. However, this response did not sufficiently link the general importance of AI security to the specific national importance of the petitioner's individual endeavor.

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

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: 2025-02-26.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 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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