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dismissed EB-2 (NIW) RFE Issued

Quality Assurance (QA) Engineer

Software Development · 2024-09-12

Decision Date
2024-09-12
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 for U.S. companies, focusing on enhancing software quality across critical sectors like healthcare and financial. He also plans to create online courses to educate and expand the professional community and continue open-source contributions by developing tools that facilitate test automation and knowledge sharing.

Framework Evaluation

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

The Director determined that the petitioner established he is well-positioned to advance his proposed endeavor.

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

The petitioner established the substantial merit of the proposed endeavor but failed to demonstrate its national importance, lacking evidence of broader implications or significant economic impact.

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

USCIS reserved judgment on this prong as the petitioner failed to meet the first prong of the Dhanasar framework.

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 prong of the Dhanasar framework. While the substantial merit was acknowledged, and the petitioner was found well-positioned (prong 2 met), there was insufficient evidence to demonstrate broader national or global implications, significant U.S. economic impact, or job creation beyond individual clients or students. The third prong was not evaluated due to the failure on the first prong.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested details on what the petitioner intended to do in the future for the United States. The petitioner responded by clarifying his proposed work for U.S. companies in critical sectors, plans for online courses, and continued open-source contributions.

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

Evidence

Evidence Types
Reference Letters Dependent
Awards
Media Coverage
Conference Presentations
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: 2024-09-12.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 3
Evidence Types 6

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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