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dismissed EB-2 (NIW) RFE Issued

Researcher In Medical Physics

Medical Physics · Iran · 2024-06-12

Decision Date
2024-06-12
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 an improved semiconductor detector using cadmium telluride (CdTe) for small field dosimetry in radiation therapy. The work aims to provide more precise cancer treatment, lower equipment expenses, and reduce risks such as normal tissue toxicity by improving dose delivery accuracy.

Framework Evaluation

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

The endeavor to improve radiation therapy detectors has significant potential medical applications and public health benefits.

2 Well-positioned to Advance the Endeavor Not Met

The Petitioner did not establish she was well-positioned due to concerns over unauthorized research and lack of demonstrated individual impact beyond a citation record.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner did not satisfy the second Dhanasar prong. While she had a high citation record and peer review activity, the AAO noted she had only a master's degree at the time of filing and failed to prove her most cited research did not involve unauthorized use of restricted software (MCNP code). Additionally, there was no evidence of government or institutional funding for her specific research role.

Request for Evidence (RFE)

Unsuccessfully Addressed

The NOID requested evidence of authorization to access MCNP code and a clearer definition of the endeavor; the Petitioner clarified her research focus but did not provide the requested authorization evidence.

RFE Targets
Substantial Merit and National ImportanceWell-positioned to Advance the Endeavorprong 3

Evidence

Evidence Types
Peer Reviewed Publications
Citations
Reference Letters Dependent
Conference Presentations

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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: 2024-06-12.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 3
Evidence Types 4

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

Related Pages

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

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