A PhD student on an F-1 visa has faced a major setback after their National Interest Waiver petition was denied, even after submitting an RFE response. The student works in AI and Cybersecurity, has completed an MS degree, and is currently pursuing their PhD.
USCIS denies the petition on Prongs 2 and 3
The officer accepted the national importance of the applicant’s field under Prong 1. However, the student was found not to have met the requirements for Prongs 2 and 3. The officer said the petition did not show that the student was well positioned in the field or that the benefits of their work outweighed the need for labour certification.
Lawyer’s errors add to the damage
The student blamed their lawyer for the denial and said the approach used was too generic. The lawyer also allegedly included another client’s name in the RFE response, raising serious concerns. With an NIW, applicants can bypass PERM, making accuracy crucial.
Strong profile but tough scrutiny
Experts believe the student’s profile is strong enough for an NIW approval. However, recent cases show that luck is playing a major role in outcomes. Officers have also become stricter with AI related applicants who are still PhD students, seeing such filings as attempts to bypass the usual perm process.
Pattern of denials raises concern
Many applicants with similar backgrounds have reported RFEs and denials. The student may receive a full refund or refile option from their law firm due to the oversight. Experts advise seeking a new legal strategy for refiling.
What must improve in the next petition
The next filing must correct deficiencies in Prongs 2 and 3 and also address heightened security related concerns. A stronger, clearer petition may improve the student’s chances in the future.
