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dismissed EB-2 (NIW) RFE Issued

Software Quality Assurance Analyst And Tester

IT Industry · 2025-01-17

Decision Date
2025-01-17
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 continue working as a software quality assurance analyst and tester in the United States, initially as an independent contractor, and later as a senior testing development engineer working on an emergency alert system project and other projects.

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 establish its national importance due to insufficient evidence directly attributing impact to the petitioner's specific contributions, and the teaching activities not rising to the level of national importance.

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 prong of the Dhanasar framework. USCIS found insufficient evidence to attribute the impact of projects (like the emergency alert system) directly to the petitioner's specific contributions, rather than the employer's. Assertions about reducing IT engineer shortages through training were deemed not to rise to the level of national importance, and expert opinion letters lacked supporting credible evidence. The proposed endeavor was also initially not described in sufficient detail.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested more detail on the proposed endeavor. The petitioner responded by clarifying their role as a senior testing development engineer working on an emergency alert system project, which was considered a material change but discussed by USCIS.

RFE Targets
The proposed endeavor has both substantial merit and national importance

Evidence

Evidence Types
Reference Letters Independent
Original Contributions
Government Alignment
Industry Reports

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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: 2025-01-17.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 4

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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