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dismissed EB-2 (NIW) RFE Issued

Product Development Metallurgist

Materials Engineer · 2025-02-19

Decision Date
2025-02-19
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 innovative mitigation strategies and technologies to minimize or control scale formation and optimize the steel production process in order to create sustainable and high-quality steel.

Framework Evaluation

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

USCIS found that the proposed endeavor has both substantial merit and national importance.

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

The petitioner did not establish a record of success in efforts related or similar to his proposed endeavor, any progress towards achieving it, or interest from relevant entities in his specific proposed work.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to demonstrate eligibility under the second Dhanasar prong. While the petitioner holds a Master of Science degree in materials science and engineering, and has co-authored publications cited 35 times, these publications and citations were not related to steel production or scale formation. The RFE response included an invitation to a steel research meeting but no evidence of steel-related research presented. Consequently, the petitioner did not establish a record of success in related efforts, progress towards the proposed endeavor, or interest from relevant entities in his specific proposed work.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence to establish the petitioner was well-positioned to advance the proposed endeavor. The petitioner responded by submitting an invitation to a steel research meeting, but no evidence of actual steel-related research or publications was provided.

RFE Targets
The individual is well-positioned to advance their proposed endeavor.

Evidence

Evidence Types
Peer Reviewed Publications
Citations
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: 2025-02-19.

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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

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