dismissed EB-2 (NIW)

Software Verification And Validation (V & V) Engineer

Automotive Parts Manufacturing Company · 2025-03-20

Decision Date
2025-03-20
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 proposes to work as a software verification and validation (V&V) engineer for an automotive parts manufacturing company. The endeavor involves contributing advanced technical skills in electrical and software engineering to the automotive industry, specifically focusing on quality assurance and validation of cutting-edge software related to electronic control units (ECUs) and related subsystems critical for electric vehicle (EV) production. This includes developing charger and simulator technology and testing software for EV charge controllers and transmission controllers.

Framework Evaluation

1 of 3 criteria met
1 The individual is well-positioned to advance the proposed endeavor Met

The Director concluded the Beneficiary is eligible for EB-2 classification as an advanced degree professional, and the AAO agreed, thus implicitly meeting this prong by not disputing it.

2 The proposed endeavor has both substantial merit and national importance Not Met

The AAO agreed the endeavor had substantial merit but found the Petitioner did not establish national importance, as the impact was not shown to extend beyond the Petitioner's products or have broader economic effects on the automotive industry.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of the proposed endeavor under the first Dhanasar prong. While the endeavor had substantial merit, the AAO found insufficient evidence that the Beneficiary's work would impact the automotive and EV industry more broadly beyond the Petitioner's products, create significant U.S. jobs, or contribute to the industry's viability or growth at a national level. The decision did not reach the third Dhanasar prong.

Evidence

Evidence Types
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: 2025-03-20.

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At a Glance

Outcome dismissed
Criteria Met 1 / 3
Evidence Types 2

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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