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dismissed EB-2 (NIW)

Senior Software Engineer

Software Engineering · 2024-09-13

Decision Date
2024-09-13
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 Beneficiary's proposed endeavor is to continue working as a senior software engineer, leading projects for the Petitioner's site reliability engineering team. These projects include reducing customer-related incidents, analyzing data for past site issues, and expanding features for engineers handling on-call tickets to enhance the reliability of the Petitioner's platform.

Framework Evaluation

0 of 3 criteria met
1 The beneficiary's proposed endeavor has both substantial merit and national importance Not Met

The AAO agreed the endeavor has substantial merit but found the petitioner did not demonstrate its national importance, as the specific activities did not extend beyond the Petitioner to impact the field more broadly or have significant potential for broader economic effects.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of the proposed endeavor under the first Dhanasar prong. While the endeavor had substantial merit, USCIS found the Beneficiary's specific activities did not extend beyond the Petitioner's business to impact the field more broadly, introduce novel technologies, or have significant potential to employ U.S. workers or generate substantial economic effects. The decision did not provide specific metrics like publication or citation counts.

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions

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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: 2024-09-13.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 2

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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