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dismissed EB-2 (NIW) RFE Issued

Senior Software Engineer

Digital Entertainment And Gaming Field · 2025-02-26

Decision Date
2025-02-26
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 utilize "advanced computing architecture and human-machine interface principles to securely expand and enhance the user interface (UI) framework and user experience (UX) features that support cloud-gaming and streaming infrastructure and services."

Framework Evaluation

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

The proposed endeavor was found to have substantial merit, but the petitioner failed to demonstrate its national importance, as the impact was not shown to extend beyond the company itself to benefit the regional or national economy.

2 Well-Positioned to Advance the Endeavor Not Met

The Director acknowledged that the Beneficiary is well-positioned to advance the proposed endeavor, but the AAO reserved judgment on this prong, thus it was not ultimately found to be met.

3 Beneficial to the United States to Waive Job Offer and Labor Certification Not Met

The Director determined that, on balance, it would not be beneficial to the United States to waive the job offer and labor certification requirements.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to demonstrate the national importance of the proposed endeavor under the first prong of the Dhanasar framework. While the endeavor had substantial merit, USCIS found insufficient evidence to show broader implications, significant economic growth, or job creation nationwide directly attributable to the Beneficiary's work, beyond the company's own revenue generation. The decision did not reach the second and third prongs.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence to establish the national importance of the Beneficiary's proposed endeavor and to demonstrate that, on balance, it would benefit the United States to waive the job offer requirement. The petitioner responded with an expert opinion letter, letters of recommendation, and industry reports and articles.

RFE Targets
Substantial Merit and National ImportanceBeneficial to the United States to Waive Job Offer and Labor Certification

Evidence

Evidence Types
Reference Letters Independent
Original Contributions
Commercial Success
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: 2025-02-26.

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

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