Visalytics
Visalytics
dismissed EB-2 (NIW) RFE Issued

Computer Software Engineer

RD&I Market / Computer Software Development · 2024-04-11

Decision Date
2024-04-11
Location
Wyoming
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 work as a software developer in the RD&I market, specifically seeking roles as a backend or full stack developer. The work involves technical and managerial activities within the software as a service (SaaS) model to fill vacancies in the American market.

Framework Evaluation

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

The endeavor has substantial merit but lacks evidence of national importance or significant potential to employ U.S. workers.

2 Well-positioned to Advance the Endeavor Not Met

The Director found this prong was not met, and the AAO declined to reach a final conclusion as the first prong was dispositive.

3 Balance of Interests Not Met

The Director found this prong was not met, and the AAO reserved opinion due to failure on the first prong.

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. The petitioner attempted to materially change the endeavor from seeking employment to founding a startup after the filing date, which is impermissible. Additionally, the evidence failed to show the work would have national or global implications beyond the petitioner's immediate employer and clients.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE asked for evidence supporting the three Dhanasar prongs. The petitioner responded by changing the facts of the endeavor to include a newly founded company.

RFE Targets
Substantial Merit and National ImportanceWell-positioned to Advance the EndeavorBalance of Interests

Evidence

Evidence Types
Reference Letters Independent

Similar Cases

Software Engineer

Information Technology · Brazil

USCIS EB-2 (NIW) rfe dismissed
2024-05-02
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.

Software Engineer

Software

USCIS EB-2 (NIW) rfe dismissed
2024-06-18
The petitioner proposes to work as an independent contractor and software engineer in test, focusing on the development of back-end applications. He intends to design and automate testing environments to enhance software security and quality for various U.S. companies.

Software Developer

Software

USCIS EB-2 (NIW) rfe dismissed
2024-11-01
The Petitioner proposes to work in the United States as a software developer, aiming to increase his technical and professional skills and knowledge in systems development, new technologies, and methodologies, and to produce new projects in large companies. He intends to offer his knowledge and expertise to a multinational IT company and eventually pursue a Ph.D. in software development.

Software Developer

Software · Brazil

USCIS EB-2 (NIW) rfe dismissed
North Carolina 2024-07-15
The petitioner proposes to establish a software development company in North Carolina focused on providing a customizable middleware software layer for the manufacturing industry. The endeavor aims to connect industrial devices and machinery with Manufacturing Execution Systems (MES) and Enterprise Resource Planning (ERP) software using IoT and Industry 4.0 concepts. The goal is to allow manufacturing companies, particularly in the textile sector, to achieve autonomous communication without depending on external suppliers.

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.

Browse More Cases

More dismissed cases More Software cases

Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-04-11.

Browse all cases

At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 1

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

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist