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dismissed EB-2 (NIW) RFE Issued

Risk Management Professional, Model/Analysis Validation Senior Analyst (Assistant Vice President) In Market And Counterparty Credit Risk Analytics

Risk Management Professional · 2024-11-18

Decision Date
2024-11-18
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 market risk models and engage in market risk analytics to quantify market risks and safeguard assets in a regulatory framework. He plans to utilize his experience in analytical modeling to develop and enhance risk management models, presenting his findings in publications, conferences, and technical documentation within global financial institutions.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

The Director determined that the Petitioner established that his proposed endeavor had substantial merit but lacked sufficient evidence to establish national importance, as the work did not appear to benefit anyone beyond his employer and its clients.

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

The Director determined that the Petitioner's academic credentials and published works were not sufficient to establish that he was well-positioned to advance his proposed endeavor.

3 On balance, waiving the job offer requirement would benefit the United States Not Met

The Director determined that the Petitioner failed to establish that, on balance, it was in the best interest of the United States to waive the job offer and labor certification requirements for EB-2 classification.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his proposed endeavor under Dhanasar's first prong. USCIS found that his work did not demonstrate a broader impact beyond his employer and lacked specific evidence of potential economic effects or job creation. The petitioner's academic credentials and published works were deemed insufficient to prove he was well-positioned, and there was no clear plan for advancing the endeavor outside his current employment.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence to establish national importance, that the petitioner was well-positioned to advance the endeavor, and that a waiver would benefit the U.S. The petitioner responded by clarifying his endeavor was not tied to his current employment and emphasizing the national importance of risk management.

RFE Targets
The proposed endeavor has both substantial merit and national importanceThe individual is well-positioned to advance their proposed endeavorOn balance, waiving the job offer requirement would benefit the United States

Evidence

Evidence Types
Peer Reviewed Publications
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: 2024-11-18.

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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 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

Related Pages

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