dismissed EB-2 (NIW)
Platform Engineer II
Cloud Infrastructure For Gaming And Streaming Services · 2024-12-18
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 develop cloud infrastructure for gaming and streaming services. This work involves making original contributions to the Kubernetes Platform and contributing to the autoscaling of cloud infrastructure using KEDA and Vertical Pod Autoscaler.
Framework Evaluation
0 of 3 criteria met1 The proposed endeavor has both substantial merit and national importance Not Met
The proposed endeavor was found to have substantial merit but lacked national importance, as the petitioner did not demonstrate broader implications beyond the employer or substantial positive economic effects.
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 by a preponderance of the evidence. While the endeavor had substantial merit, the evidence, including industry reports, articles on AI and computer science, and expert letters, did not sufficiently demonstrate broader implications beyond the employer or substantial positive economic effects for the U.S. economy. The expert opinion letter mentioned $24.5 billion in revenue for the industry in 2023 but did not link the beneficiary's specific role to this economic impact or job creation. USCIS declined to evaluate the second and third Dhanasar prongs.
Evidence
Evidence Types
Certifications
Reference Letters Dependent
Original Contributions
Peer Reviewed Publications
Similar Cases
Software Developer
Software
USCIS EB-2 (NIW) rfe dismissed
2025-03-20
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.
Analyst
Entertainment
USCIS EB-2 (NIW) remanded
2025-03-19
The Petitioner proposes to utilize advanced computing, including cloud computing and data processing and analysis techniques, to develop data infrastructure for gaming and streaming services. The work aims to develop innovative solutions to maintain leadership in the global video game industry and advance computing technologies of interest to the U.S. government.
Site Reliability Engineer
Entertainment
USCIS EB-2 (NIW) rfe dismissed
2025-03-10
The petitioner proposes to work as a senior site reliability engineer using cloud computing, supercomputing, and data processing to design and implement cloud-based architecture. This work aims to ensure gaming and streaming services are accessed securely and reliably from diverse geographic locations.
Cloud Architect
Software
USCIS EB-2 (NIW) dismissed
2024-07-29
The Petitioner proposes to work as a cloud engineer creating, integrating, and maintaining cloud-based applications. The work involves upgrading systems to improve operations, protecting against cybersecurity threats, and providing cloud support services for private or government organizations.
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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-12-18.
Browse all casesAt a Glance
Outcome dismissed
Criteria Met 0 / 3
Evidence Types 4
EB-2 (NIW) Case Data
Scraped Case Data
Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671
Get Case Insights
Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.
Join Waitlist