Visalytics
Visalytics
dismissed EB-2 (NIW) RFE Issued

Software Developer

Software Development · Brazil · 2024-07-15

Decision Date
2024-07-15
Location
North Carolina
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 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.

Framework Evaluation

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

The Director and AAO found the endeavor had substantial merit but lacked evidence of national importance or substantial economic effects.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy the national importance requirement of Prong 1. Although the endeavor had substantial merit, the business plan only projected four employees by the fifth year and failed to demonstrate substantial economic impact or broader industry-wide implications. Additionally, the petitioner's personal investment of approximately $112,000 was deemed insufficient to show significant potential for job creation or regional economic growth.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence regarding the national importance of the endeavor; the petitioner responded with expert letters and government initiative alignments.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Peer Reviewed Publications
Citations
Reference Letters Dependent
Government Alignment

Similar Cases

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

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.

Entrepreneur

Information Technology · Brazil

USCIS EB-2 (NIW) rfe dismissed
Florida 2022-03-22
The petitioner proposes to operate an IT solutions company in Florida focusing on software development to improve managerial, enterprise resource planning (ERP), and accounting processes. The endeavor includes providing IT consulting, software implementation, app development, and automation services to U.S. businesses.

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.

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 More cases from Brazil

Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-07-15.

Browse all cases

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

Related Pages

EB-2 (NIW) Overview EB-2 (NIW) in Brazil 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