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dismissed EB-2 (NIW) RFE Issued

Software Engineer In Test

Software Development Field · 2024-06-18

Decision Date
2024-06-18
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 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.

Framework Evaluation

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

The endeavor was found to have substantial merit but lacked national importance.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his endeavor under the first Dhanasar prong. While the field has merit, the petitioner did not show his specific work would have broader implications beyond his employers or significantly impact government initiatives or the economy.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence for substantial merit and national importance. The petitioner provided a new personal statement and an expert opinion letter.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Media Coverage
Reference Letters Dependent
Original Contributions
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: 2024-06-18.

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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

Related Pages

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

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