dismissed EB-2 (NIW)

Product Manager II

Gaming And Entertainment Industry · 2025-04-02

Decision Date
2025-04-02
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 advanced cloud services, Machine Learning (ML), Artificial Intelligence (AI), and technologies to optimize user experience for a gaming platform. The work involves facilitating analytics of consumer behavior, strengthening data security, and enhancing performance optimization within the digital entertainment sector.

Framework Evaluation

1 of 3 criteria met
1 Well-positioned to Advance the Endeavor Met

The Director found the Beneficiary well-positioned to advance the endeavor based on his qualifications and role.

2 Substantial Merit and National Importance Not Met

The endeavor has substantial merit but lacks national importance as the benefits are primarily localized to the employer.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Director found this prong was not met, and the AAO declined to reach a full de novo conclusion as Prong 1 was not satisfied.

Why This Petition Was Denied

The appeal was dismissed primarily because the petitioner did not establish the national importance of the endeavor (Prong 1). While the beneficiary holds a master's degree and the employer has several patents, the evidence did not show how the specific work of one product manager would have a significant impact on the industry at large or the U.S. economy beyond the interests of the specific employer.

Evidence

Evidence Types
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: 2025-04-02.

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At a Glance

Outcome dismissed
Criteria Met 1 / 3
Evidence Types 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

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