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dismissed EB-2 (NIW) RFE Issued

Food Scientist And Technologist

Research And Manufacturing Business · 2022-08-25

Decision Date
2022-08-25
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 Beneficiary seeks to work as a food scientist and technologist within a research and manufacturing business, focusing on research into antioxidant ingredients, molecular analysis of extracts, and developing emulsifier properties for food products.

Why This Petition Was Denied

The appeal was dismissed because the Beneficiary only met one of the two required criteria (authorship of scholarly articles). The Petitioner failed to prove 'original contributions of major significance' because the recommendation letters lacked detail on field-wide impact, and evidence of patents, publications, and conference presentations did not demonstrate an unusually high citation rate or widespread implementation.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE focused on the seven evidentiary criteria for Schedule A, Group II designation, specifically whether the Beneficiary met at least two of the requirements such as original contributions of major significance.

Evidence

Evidence Types
Peer Reviewed Publications
Patents
Conference Presentations
Reference Letters Dependent
Original Contributions

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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: 2022-08-25.

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At a Glance

Outcome dismissed
RFE Issued
Evidence Types 5

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

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