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dismissed EB-2 (NIW) RFE Issued

Visa Petition Case

Semiconductor Company · 2025-02-18

Decision Date
2025-02-18
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 proposed endeavor involves driving competitive analysis for power performance optimization of latest graphics and compute products using pre-silicon strategies, enhancing diagnostics to enable competitive analysis and developing tools to drive analysis and optimization effort, and collaborating with architects and design teams to instrument low power design in upcoming, advanced proprietary semiconductor products and solutions.

Framework Evaluation

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

The Director determined that the proposed endeavor satisfied the first prong, indicating it has substantial merit and national importance.

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

The evidence, including educational credentials, reference letters, and publication history, was insufficient to demonstrate the beneficiary is well-positioned to advance the proposed endeavor.

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

Analysis of the third prong was not fully conducted as the second prong was not met, implying that the waiver would not benefit the U.S. under these circumstances.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy the second Dhanasar prong. While the first prong (substantial merit and national importance) was met, the evidence provided (educational credentials, reference letters with identical language, five conference papers without established impact, and past experience not clearly linked to the proposed endeavor) was deemed insufficient to prove the beneficiary is well-positioned to advance the proposed work. The decision did not proceed to evaluate the third prong.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director's Request for Evidence (RFE) focused on the second Dhanasar prong, seeking additional evidence to demonstrate that the Beneficiary is well-positioned to advance the proposed endeavor.

RFE Targets
The individual is well-positioned to advance their proposed endeavor

Evidence

Evidence Types
Educational Credentials
Reference Letters Dependent
Peer Reviewed Publications
Awards
Employment Letters

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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: 2025-02-18.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 3
Evidence Types 5

EB-2 (NIW) Case Data

Scraped Case Data

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

Related Pages

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