dismissed EB-2 (NIW) RFE Issued

Full-Stack Software Developer

Software Developer · 2024-08-05

Decision Date
2024-08-05
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 intends to work as a full-stack software developer for American financial institutions to modernize activities, reduce environmental impacts, improve operational productivity, and expand business growth through modern software solutions.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Partially Met

The endeavor has substantial merit due to the importance of FinTech, but lacks national importance as it does not have broader implications beyond the petitioner's clients.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not establish the national importance of his proposed endeavor. While the field of financial technology is recognized as a critical and emerging technology, the petitioner failed to show how his specific work for individual clients would have broader implications for the industry at large. The AAO also reserved determination on the petitioner's EB-2 classification and the second and third Dhanasar prongs.

Request for Evidence (RFE)

Unsuccessfully Addressed

The petitioner submitted a professional plan, statement, and expert letters in response to the Director's RFE to establish eligibility under the Dhanasar framework.

RFE Targets
Substantial Merit and National Importanceprong 2prong 3

Evidence

Evidence Types
Expert Letters
Reference Letters Dependent
Government Alignment
Articles Or 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: 2024-08-05.

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

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