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dismissed EB-2 (NIW)

Software Development Engineer

Software Development · 2025-02-13

Decision Date
2025-02-13
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 employ advanced artificial intelligence (AI) and engineering techniques for improving machine learning models, refining datasets, and optimizing training procedures to enhance search and advertising quality on digital platforms. This endeavor aims to enhance the quality of advertisements across digital platforms, enabling services and products to be viewable in relevant environments and benefiting the global digital economy.

Framework Evaluation

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

The Director determined the Petitioner is well-positioned to advance the proposed endeavor.

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

The AAO concurred with the Director that the petitioner established the substantial merit aspect but failed to demonstrate the national importance of the proposed endeavor. The petitioner did not show how their specific work would result in broader implications beyond their employer or directly attribute national economic and security implications to their work.

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

The Director found the Petitioner did not demonstrate that, on balance, it would be beneficial for the United States to waive the requirements of a job offer.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to demonstrate the national importance of the proposed endeavor, which is the first prong of the Dhanasar framework. While the endeavor's substantial merit was acknowledged, the petitioner did not sufficiently detail how their specific work would result in broader implications beyond their employer or directly attribute national economic and security implications to their work. Merely working in an important field (AI, machine learning, STEM) or receiving grants from the National Science Foundation was deemed insufficient to establish national importance without specific evidence of impact.

Evidence

Evidence Types
Grants

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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: 2025-02-13.

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At a Glance

Outcome dismissed
Criteria Met 1 / 3
Evidence Types 1

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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