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dismissed EB-2 (NIW) RFE Issued

Software Developer

Technology Field · 2024-11-01

Decision Date
2024-11-01
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 Petitioner proposes to work in the United States as a software developer, aiming to increase his technical and professional skills and knowledge in systems development, new technologies, and methodologies, and to produce new projects in large companies. He intends to offer his knowledge and expertise to a multinational IT company and eventually pursue a Ph.D. in software development.

Framework Evaluation

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

The Petitioner failed to provide specific details of his proposed endeavor, relying on general statements about the software development field's importance, thus not establishing substantial merit or national importance.

Why This Petition Was Denied

The Director denied the petition because the Petitioner did not establish the substantial merit or national importance of his proposed endeavor under Dhanasar's first prong. The Petitioner failed to provide specific details of his work, relying instead on generalized statements about the importance of the software development field. There was no sufficient evidence of broader implications, significant potential to employ U.S. workers, or other substantial positive economic effects directly attributable to his specific endeavor. The testimonial evidence also broadly discussed the field rather than the Petitioner's specific proposed work. The AAO affirmed the Director's decision.

Request for Evidence (RFE)

Unsuccessfully Addressed

An RFE was issued because supporting documents, including a personal statement, professional plan, and recommendation letters, were not submitted with the initial filing. The Petitioner responded by submitting these missing documents.

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

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions
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: 2024-11-01.

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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 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

Related Pages

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