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dismissed EB-2 (NIW) RFE Issued

Computer Software Developer

Computer Software Developer · 2024-06-13

Decision Date
2024-06-13
Location
Florida
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 provide software development and strategy services for medical businesses, specifically focusing on creating a panoramic image of cornea cells to improve statistical accuracy in optometry. The work aims to develop remote visual acuity test software to contribute to the telehealth market and reduce travel costs for patients.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Partially Met

The endeavor was found to have substantial merit but lacked national importance.

2 Well-positioned to Advance the Endeavor Not Met

The Director found this prong was not satisfied, and the AAO declined to reach a final conclusion as Prong 1 was dispositive.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Director found this prong was not satisfied, and the AAO declined to reach a final conclusion.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor (Prong 1). The record did not show how the work of a single independent contractor would have broader implications for the industry or significant economic impact, especially since the petitioner does not plan to employ others.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to support the national importance of the work and the petitioner's positioning; the petitioner responded with a business plan and industry data.

RFE Targets
Substantial Merit and National ImportanceWell-positioned to Advance the EndeavorOn Balance, Beneficial to Waive Job Offer

Evidence

Evidence Types
Original Contributions

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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: 2024-06-13.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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

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