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dismissed EB-2 (NIW)

Senior Software Engineer

Digital Media Industry · 2025-03-25

Decision Date
2025-03-25
Location
Nebraska
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 use cloud computing, advanced data storage solutions, and cybersecurity methodologies to develop enterprise-level network security architecture and cloud-based software solutions. The work focuses on enhancing digital content platforms and protecting consumer data within the digital media industry.

Framework Evaluation

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

The endeavor has substantial merit but lacks national importance as the impact is limited to the petitioner's employer and does not have broader implications for the field.

2 Well-positioned to Advance the Endeavor Not Met

The Director found this prong was not met, and the AAO reserved judgment as the first prong was already failed.

3 Balance of Interests Not Met

The Director found this prong was not met, and the AAO did not reach a final conclusion on this point due to the failure of the first prong.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor (Prong 1). The evidence, including expert letters and financial data, showed the work primarily benefited the specific employer (Shutterstock) rather than having broader implications for the industry or the U.S. economy. The petitioner's qualifications and the general shortage of STEM workers were insufficient to satisfy the first prong of the Dhanasar framework.

Evidence

Evidence Types
Peer Reviewed Publications
Citations
Patents
Reference Letters Dependent
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: 2025-03-25.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 5

EB-2 (NIW) Case Data

Scraped Case Data

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

Related Pages

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

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