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dismissed EB-2 (NIW) RFE Issued

Software And System On Chip Architect

Autonomous Systems · 2025-01-23

Decision Date
2025-01-23
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's proposed endeavor involves advancing architecture and developments in autonomous driving and driver assistance, specifically focusing on automotive System-on-Chip design, video and optical path of sensors, and autonomous embedded systems architecture. This includes designing computationally powerful hardware, integrating new sensors, focusing on fail-safe operation, and developing safety software concepts and cybersecurity for in-car communication protocols and automotive video sensors.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

The AAO agreed the proposed endeavor has substantial merit but found the petitioner did not demonstrate national importance, as his specific work's impact was not shown to extend beyond his employer and its partners to affect the field or nation more broadly.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of his proposed endeavor under the first prong of the Dhanasar framework. While the endeavor had substantial merit, the evidence did not demonstrate that his specific work would have a broad impact beyond his individual employer and its business partners, or significant potential to employ U.S. workers or offer substantial positive economic effects. The decision did not evaluate the second and third Dhanasar prongs.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence to establish the national importance of the petitioner's proposed endeavor. The petitioner responded by providing additional details about his work on SAE Level 5 vehicles, new chip generations, automotive Ethernet sensors, and embedded hardware for cybersecurity, along with supporting articles and letters.

RFE Targets
The proposed endeavor has both substantial merit and national importance

Evidence

Evidence Types
Reference Letters Independent
Original Contributions
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: 2025-01-23.

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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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