Visalytics
Visalytics
dismissed EB-2 (NIW) RFE Issued

Researcher, Postdoctoral Fellow

Power Engineering, Electrical Engineering · 2024-09-30

Decision Date
2024-09-30
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 optimized operational techniques for integrated power systems to create more sustainable and efficient energy solutions that lead to better environmental outcomes.

Framework Evaluation

1 of 3 criteria met
1 Proposed endeavor has both substantial merit and national importance Met

The Director determined, and USCIS agreed, that the Petitioner's proposed endeavor has both substantial merit and national importance.

2 Petitioner is well-positioned to advance the proposed endeavor Not Met

The Petitioner failed to establish he is well-positioned to advance his proposed endeavor, as his education, publications, and citations were not deemed sufficient to demonstrate a record of success or impact, and evidence of a clear plan or external interest was lacking.

3 On balance, it would benefit the US to waive the job offer and labor certification requirements Not Met

USCIS did not analyze the third prong, concluding it would serve no meaningful purpose since the Petitioner failed to satisfy the second prong.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to demonstrate he was well-positioned to advance his proposed endeavor (Prong 2 of Dhanasar). While he holds a master's degree in power engineering and is pursuing a Ph.D. in Electrical Engineering, his three peer-reviewed journal articles and 31 citations were not deemed sufficient to establish a record of success or impact in his field, especially when compared to the broader engineering field. Furthermore, the evidence did not sufficiently show a clear plan for future activities or interest from relevant entities beyond a university grant from the National Science Foundation (NSF) to his university, not directly to him.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE from the Director questioned whether the Petitioner was well-positioned to advance his proposed endeavor. The Petitioner responded by arguing the Director applied a higher standard and did not consider all evidence, but USCIS found the response did not sufficiently demonstrate eligibility.

RFE Targets
Petitioner is well-positioned to advance the proposed endeavor

Evidence

Evidence Types
Peer Reviewed Publications
Citations
Reference Letters Dependent
Grants

Similar Cases

Postdoctoral Researcher

Renewable Energy

USCIS EB-2 (NIW) rfe dismissed
2024-11-14
The petitioner proposes to continue research on investigating the integration of renewable energy sources into existing energy infrastructure and analyzing the impact of distributed energy resources on power system efficiency and cost-effectiveness in order to enhance the resilience and reliability of the U.S. power grid.

Postdoctoral Researcher

Engineering

USCIS EB-2 (NIW) rfe dismissed
2025-01-15
The petitioner proposes to develop frameworks for the fast and smooth accommodation and management of distributed energy sources into electric grids through the design of efficient market mechanisms, policies, and technologies. This includes understanding the impact of bitcoin mining operations on the reliability of the Texas electric grid and evaluating the socio-economic and environmental implications of excessive data center expansion in Virginia, exploring solutions with renewable energy integration.

Research Assistant

Engineering

USCIS EB-2 (NIW) dismissed
2024-10-08
The petitioner proposes to research the development of advanced integration methods for embedded, intelligent multi-microgrid systems for identifying optimal control and security strategies to ensure more resilient and reliable power systems. He plans to publish and present the results of his research in journals and at conferences and through filing patents.

Electrical Engineer

Engineering

USCIS EB-2 (NIW) dismissed
2024-09-18
The petitioner proposes to work as an electrical engineer specializing in power systems. The endeavor involves work in power systems, which the petitioner argues advances U.S. strategic interests in energy sustainability and infrastructure development.

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.

Browse More Cases

More dismissed cases More Engineering cases

Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-09-30.

Browse all cases

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

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist