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dismissed EB-2 (NIW) RFE Issued

Software Engineer

Big-Data, Cloud Computing, [And] Computer Networking · 2024-05-28

Decision Date
2024-05-28
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 engineer on a Software-Defined-Networking (SDN) team to develop innovations in big data, cloud computing, and computer networking. The work involves building a next-generation stack to provide faster deployment, secure networks, and on-demand cloud computer resources.

Framework Evaluation

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

The endeavor was found to have substantial merit but lacked evidence of national importance or broader impact on the field.

2 Well-positioned to Advance the Endeavor Not Met

The Director found this prong unmet, and the AAO did not find it necessary to re-evaluate after the failure of Prong 1.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Director found this prong unmet, and it was not reached by the AAO.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to meet the first prong of the Dhanasar framework, specifically regarding national importance. The evidence provided, including an expert letter and industry reports, focused on the importance of the field rather than the specific prospective impact of the beneficiary's individual work. The beneficiary holds a master's degree in computer science, but the record did not show his work would have broader implications beyond his specific employer.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence of national importance; the petitioner responded with industry reports and details on the employer's market position.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Government Alignment
Expert Opinion Letters
Industry Reports

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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: 2024-05-28.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 4

EB-2 (NIW) Case Data

Scraped Case Data

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

Related Pages

EB-2 (NIW) Overview All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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