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dismissed EB-2 (NIW) RFE Issued

Software Developer

Cloud Computing · 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 petitioner proposes to establish a cloud-computing consultancy to deliver services such as cloud migration, infrastructure optimization, data security, and training to middle and large-sized enterprises. The work involves designing and implementing scalable cloud solutions using infrastructure as code tools and container orchestration to modernize infrastructure across multiple sectors.

Framework Evaluation

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

The endeavor has substantial merit but fails to demonstrate national importance as its benefits do not extend to the field or economy more broadly.

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. Although the endeavor had substantial merit, the evidence did not show broader implications for the industry or significant economic impact beyond the petitioner's specific clients. The AAO reserved judgment on EB-2 eligibility and the remaining Dhanasar prongs.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence of national importance. The petitioner provided industry reports and expert letters, but they focused on the industry's importance rather than the specific endeavor's impact.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Government Alignment
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: 2025-03-20.

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

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