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dismissed EB-2 (NIW) RFE Issued

Senior Program Manager

Technology Company · 2024-10-01

Decision Date
2024-10-01
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 proposes to evaluate regulatory compliance and risk management for the Petitioner's clients, tailoring the Petitioner's technologies to their specific needs. She guides an engineering team to design customized tools within the Petitioner's platforms and assists clients with implementation, focusing on ensuring U.S. and foreign corporations maintain robust compliance and risk management infrastructure using cloud computing platforms.

Framework Evaluation

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

While the endeavor was found to have substantial merit, the petitioner failed to demonstrate its national importance, as the work's impact was not shown to extend beyond the Petitioner's company and clients, nor did it demonstrate significant potential for U.S. job creation or substantial positive 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. USCIS found that the Beneficiary's role as a Senior Program Manager, which involves molding the Petitioner's software to client needs, did not demonstrate a broader impact on the software regulatory compliance field beyond the company and its clients. The evidence did not show significant potential to employ U.S. workers or substantial positive economic effects. Expert letters and articles provided were deemed to describe the general importance of the field rather than the specific national importance of the Beneficiary's work.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence regarding the national importance of the proposed endeavor. The petitioner responded by asserting the work's national importance due to its role in ensuring regulatory compliance and risk management for corporations using cloud computing platforms, but this was deemed insufficient.

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

Evidence

Evidence Types
Reference Letters Dependent
Peer Reviewed Publications
Reference Letters Independent

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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: 2024-10-01.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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