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dismissed EB-2 (NIW) RFE Issued

Software Development Engineer

Software Development Engineer · 2025-03-14

Decision Date
2025-03-14
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 strengthen communication system security by building efficient, privacy-preserving data systems that seamlessly integrate with AI/ML models. This involves conducting research on advanced AI algorithms, privacy-preserving secure data systems, and real-time data analytics to enhance the security and resilience of communication infrastructures.

Framework Evaluation

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

The endeavor was found to have substantial merit, but the petitioner failed to demonstrate national importance, as the impact did not extend broadly enough beyond the employer and its clients.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of her specific proposed endeavor under the first Dhanasar prong. While the endeavor had substantial merit and involved critical technologies (AI, data privacy, cybersecurity), the evidence, including 19 citations for two co-authored articles and expert letters, did not demonstrate that her work would extend beyond her employer and its clients to impact the field more broadly in a manner commensurate with national importance.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further clarification on the proposed endeavor and evidence to establish national importance. The petitioner responded by providing additional details on her research and submitting more support letters and articles, but these did not sufficiently address the national importance concerns.

RFE Targets
The proposed endeavor has both substantial merit and national importance

Evidence

Evidence Types
Peer Reviewed Publications
Citations
Reference Letters Dependent
Reference Letters Independent
Government Alignment

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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: 2025-03-14.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 5

EB-2 (NIW) Case Data

Scraped Case Data

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

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