Visalytics
Visalytics
dismissed EB-2 (NIW)

Software Developer And An Entrepreneur

Software Developer · 2024-09-16

Decision Date
2024-09-16
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's proposed endeavor involves work as a software developer and entrepreneur in the STEM fields. The petitioner argues this work aligns with government priorities, specifically STEM advancement, and will contribute to enhancing U.S. economic competitiveness and national security.

Framework Evaluation

0 of 3 criteria met
1 Proposed endeavor has substantial merit and national importance Not Met

The petitioner did not establish the national importance of his specific proposed endeavor, despite arguments that the general field of STEM is important and aligns with government priorities. The AAO found that the evidence did not demonstrate the specific endeavor rose to the level of national importance.

Why This Petition Was Denied

The AAO dismissed the motion to reopen because the petitioner did not submit new evidence or assert new facts supported by documentary evidence. The motion to reconsider was dismissed because the petitioner did not identify an incorrect application of law or policy that rendered the prior decision incorrect based on the record. The AAO reiterated its prior conclusion that the petitioner did not establish the national importance of his specific proposed endeavor, failing to meet the first Dhanasar prong, despite general arguments about the importance of STEM.

Evidence

Evidence Types
Reference Letters Independent
Media Coverage

Similar Cases

Software Developer

Information Technology

USCIS EB-2 (NIW) rfe dismissed
Tennessee 2024-04-15
The petitioner proposes to operate an IT consulting services firm focusing on system integration services, cloud infrastructure, and application development. The endeavor aims to help clients build, tailor, and modernize applications to enhance business efficiency and productivity.

Software Developer

Information Technology

USCIS EB-2 (NIW) rfe dismissed
Wyoming 2024-07-15
The petitioner proposes to establish an IT hosting and digital marketing company in Wyoming focused on website creation and the strategic implementation of SEO technologies. The endeavor aims to provide customized marketing services to client companies to assist their development in the online environment.

Software Developer

Information Technology · Brazil

USCIS EB-2 (NIW) rfe dismissed
2024-12-03
The petitioner's proposed endeavor is to implement agile methodologies of software analysis and develop strategic plans to benefit U.S. businesses by optimizing processes, reducing costs, increasing productivity, enhancing business intelligence, and helping companies operate more efficiently. This includes helping organizations implement and improve their entire IT systems and provide training on IT-related solutions.

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: 2024-09-16.

Browse all cases

At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

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