dismissed EB-2 (NIW) RFE Issued

Researcher

Mechanical Engineering · 2024-09-25

Decision Date
2024-09-25
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's proposed endeavor is to develop a new, interdisciplinary-based methodological approach to vibrations engineering to advance designs in aerospace, civil structures, and robotics. This includes enhancing unmanned aircraft vehicle technology for military applications, advancing creature-like flexible underwater mobile robots for national defense and oceanographic research, and pioneering flow-induced vibration energy harvesting systems for sustainable energy solutions.

Framework Evaluation

0 of 3 criteria met
1 Whether the individual is well-positioned to advance their proposed endeavor Not Met

The Petitioner did not sufficiently demonstrate a record of success, progress in the field, or significant interest from relevant entities, failing to establish he is well-positioned to advance the endeavor.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish that he is well-positioned to advance his proposed endeavor (Dhanasar Prong 2). Although the Petitioner has a master's degree and is pursuing a Ph.D. in mechanical engineering, published seven peer-reviewed journal articles and two conference articles, and received some grant support, the evidence did not sufficiently demonstrate a record of success, significant impact, or high citation rates relative to others in his field. USCIS declined to reach findings on Prong 1 and Prong 3.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence to establish the national importance of the proposed endeavor, that the petitioner was well-positioned to advance it, and that waiving the job offer would benefit the U.S. The petitioner responded with an elaborated statement of his proposed endeavor and additional evidence, but it was deemed insufficient to overcome the Director's determination.

RFE Targets
prong 1Whether the individual is well-positioned to advance their proposed endeavorprong 3

Evidence

Evidence Types
Peer Reviewed Publications
Citations
Reference Letters Independent
Grants
Conference Presentations
Original Contributions
Government Alignment
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: 2024-09-25.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 8

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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