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dismissed EB-2 (NIW) RFE Issued

Psychologist

Psychology / Software Development · 2024-05-02

Decision Date
2024-05-02
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 a mobile application marketed to U.S. schools that analyzes students' personal and behavioral data to identify the probability of risk for violent behavior. The endeavor aims to allow school staff to take preventative actions to reduce the risk of attacks and improve the emotional quality of the school environment.

Framework Evaluation

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

The endeavor was found to have substantial merit but lacked sufficient evidence of national importance or broader implications.

2 Well-positioned to Advance the Endeavor Not Met

The Director found the petitioner was not well-positioned, and the AAO declined to reach this issue as Prong 1 was dispositive.

3 On Balance, Beneficial to Waive Job Offer Not Met

The petitioner did not demonstrate that the benefits of the waiver outweighed the requirement of labor certification.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor under the first Dhanasar prong. USCIS noted that generalized projections of employing 12 individuals and 5-year profit/loss statements were not sufficiently detailed, and the work's impact was not shown to extend beyond the specific schools using the app to the field at large. Additionally, the AAO noted unresolved inconsistencies in the petitioner's employment history and academic records.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE asked for evidence to satisfy the Dhanasar prongs; the petitioner provided a five-year profit and loss projection and an updated statement, which failed to establish national importance.

RFE Targets
Substantial Merit and National ImportanceWell-positioned to Advance the EndeavorOn Balance, Beneficial to Waive Job Offer

Evidence

Evidence Types
Reference Letters Dependent
Media Coverage

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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: 2024-05-02.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 2

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

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