dismissed EB-2 (NIW) RFE Issued

Software Engineer

Economic Decision Support Systems And Big Data Analytics · 2023-03-30

Decision Date
2023-03-30
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 work in the field of economic decision support systems and big data analytics as a scientist and consultant for startups, while also launching his own IT company. He intends to build automated systems for major cloud platforms to detect malware and improve cloud security measures.

Framework Evaluation

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

While the endeavor had substantial merit, it lacked evidence of national importance or significant potential for economic impact.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his specific endeavor under the first Dhanasar prong. The evidence submitted, including a business plan and expert letters, was found to be either subsequent to the filing date or too vague to demonstrate a broader impact on the U.S. economy or industry.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence for the national interest waiver criteria. The petitioner provided a business plan and expert letters, but much of the evidence was dated after the initial filing.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
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: 2023-03-30.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 2

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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