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dismissed EB-2 (NIW) RFE Issued

Software Engineer

Information Technology Field · Brazil · 2024-05-02

Decision Date
2024-05-02
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 specialized services in software engineering, database management, systems analysis, and DevOps to impact the field of software development through innovation. The work aims to help U.S. businesses reduce costs and errors while increasing productivity, efficiencies, and profits through the implementation of new software systems.

Framework Evaluation

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

The endeavor has substantial merit but the petitioner failed to demonstrate its national importance or impact beyond his employer.

2 Well-positioned to Advance the Endeavor Not Met

The Director found this unmet, and the AAO reserved judgment as the first prong was not satisfied.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Director found this unmet, and the AAO declined to reach this issue.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the proposed endeavor under the first Dhanasar prong. While the petitioner holds an advanced degree and the work has substantial merit, the evidence did not show a prospective impact beyond the petitioner's employer and its immediate clients. The AAO did not reach the second and third prongs as the failure of the first prong was dispositive.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE sought further evidence for all three prongs of the Dhanasar framework. The petitioner provided an updated professional plan and expert letters, but these were found insufficient to establish national importance.

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

Evidence

Evidence Types
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: 2024-05-02.

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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

Related Pages

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

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