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dismissed EB-2 (NIW) RFE Issued

Software Engineer And Researcher

Software Development, Health Tech Industry, Technology · Canada · 2025-03-14

Decision Date
2025-03-14
Location
Canada
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 develop AI-based software applications (apps) to expand a fitness and lifestyle business, providing individual coaching, tracking food intake, and making healthier choices. The app would initially target people and nutritionists in Florida and later expand nationwide.

Framework Evaluation

1 of 3 criteria met
1 The individual is well-positioned to advance their proposed endeavor Met

The Director determined, and the AAO concurred, that the petitioner was well-positioned to advance his proposed endeavor.

2 The proposed endeavor has both substantial merit and national importance Not Met

The Director and AAO agreed the endeavor had substantial merit but found the petitioner did not sufficiently demonstrate national importance beyond his clients or general industry growth.

3 On balance, waiving the job offer requirement would benefit the United States Not Met

The Director determined that, on balance, it would not be beneficial to the United States to waive the job offer requirement.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his proposed endeavor under the first Dhanasar prong. While the endeavor had substantial merit, USCIS found insufficient evidence that the impact of his specific app would extend beyond his clients or demonstrate broader societal/economic implications. The financial and staffing projections lacked sufficient basis, and an inconsistency in job creation estimates (17 vs. 174 employees) was not resolved.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence regarding the national importance of the proposed endeavor, specifically how the company would have substantial positive economic impacts or broader impact beyond its prospective company or clients. The petitioner responded with an impact analysis report elaborating on the business plan.

RFE Targets
The proposed endeavor has both substantial merit and national importance

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions
Commercial Success

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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: 2025-03-14.

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At a Glance

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

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

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