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dismissed EB-2 (NIW) RFE Issued

Statistics Researcher

Statistics Researcher · 2024-04-11

Decision Date
2024-04-11
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 predictive models for analyses to develop probabilistic and generalized linear models. The work aims to defend data against cyber-attacks, such as criminal data breaches and distributed denial of service attacks, while also applying statistical models to fields like epidemiology and environmental science.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

While the endeavor had substantial merit, it failed to demonstrate national importance or a broad prospective impact.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to meet Prong 1 (national importance); the proposed endeavor lacked evidence of a broad national impact despite claims of utility in cybersecurity and agriculture. The petitioner's assertions were found to be inconsistent regarding his full-time commitment, and the expert letters provided insufficient objective support for far-reaching claims like Medicare savings. The AAO reserved judgment on EB-2 qualification and Prongs 2 and 3 as the failure of Prong 1 was dispositive.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence of national importance; the petitioner responded by emphasizing the impact of his modeling on government funding and various sectors like agriculture and cybersecurity.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Citations
Reference Letters Dependent
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: 2024-04-11.

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At a Glance

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

EB-2 (NIW) Case Data

Scraped Case Data

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

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