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dismissed EB-2 (NIW) RFE Issued

Software Engineer

Advanced Computing, Data Processing, And Analysis Techniques · 2024-04-29

Decision Date
2024-04-29
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 work on advanced computing and data processing, specifically migrating large amounts of data from legacy source control solutions to Git. The work involves developing platforms for code changes, gathering engineering satisfaction data, and improving security through standardized authentication and the development of the Git-hfs filter.

Framework Evaluation

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

The endeavor has substantial merit but lacks national importance because its benefits are localized to the petitioner's company.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor under the first Dhanasar prong. While the work had substantial merit, it was found to facilitate the petitioner's internal operations (data migration, security, and employee satisfaction) without evidence of broader implications for the field or significant U.S. economic impact.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE sought to address deficiencies in all three prongs. The petitioner attempted to introduce a new AI application, but this was deemed an impermissible material change.

RFE Targets
Substantial Merit and National Importanceprong 2prong 3

Evidence

Evidence Types
Media Coverage
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: 2024-04-29.

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

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