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dismissed EB-2 (NIW) RFE Issued

Software Developer II

Manufacturer Of Electronic Products And Provider Of Related Businesses And Services · 2025-03-10

Decision Date
2025-03-10
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 utilize Artificial Intelligence and advanced computing concepts to develop data processing platforms for real-time marketing on an e-commerce platform. The work aims to optimize marketing strategies, enhance user experience, and increase revenue for cloud-based game streaming services.

Framework Evaluation

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

The endeavor has substantial merit in the field of AI and computing, but lacks national importance as it primarily benefits the employer's private commercial interests.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor under the first Dhanasar prong. The evidence, including an expert letter and industry reports, focused on the importance of the field (STEM/AI) rather than the specific prospective impact of the beneficiary's individual work beyond the employer's own profits.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested more detail on the endeavor; the petitioner provided supervisor letters and industry reports to argue for national importance.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Peer Reviewed Publications
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: 2025-03-10.

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At a Glance

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

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

Related Pages

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

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