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dismissed EB-2 (NIW)

Senior Software Developer And Team Leader

Information Technology · 2024-08-08

Decision Date
2024-08-08
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 perform as an IT Specialist, providing specialized services in web development, database management, DevOps, and software design. His endeavor includes creating a new framework for complex web applications, developing a new database system for improved data retrieval and storage, introducing new DevOps tools and practices, and pioneering a modern user-experience-focused software design methodology.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

The proposed endeavor was found to have substantial merit, but the petitioner failed to demonstrate national importance with sufficient evidence of direct economic impact or job creation.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy the first Dhanasar prong. While the endeavor had substantial merit, the petitioner did not provide sufficient probative evidence or details to support the claimed national importance, specifically regarding projected economic impact (e.g., $1.07 trillion software industry GDP, millions saved in storage costs) or job creation. The projections were deemed conclusory and lacked a direct evidentiary tie to his specific proposed work, and he did not demonstrate benefit to an economically depressed area.

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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: 2024-08-08.

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At a Glance

Outcome dismissed
Criteria Met 0 / 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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EB-2 (NIW) Overview All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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