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dismissed EB-2 (NIW)

Product Manager, Data Foundations

Technology Industry, Gaming And Streaming Services · 2024-12-31

Decision Date
2024-12-31
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 define project requirements and collaborate with customers and partners to set the direction for the Petitioner's platform, focusing on how data is handled, protected, managed, and activated at a large scale. This involves advancing AI and ML technologies to safeguard digital spaces and protect users from cybercrimes on platforms, particularly within gaming and streaming services.

Framework Evaluation

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

USCIS agreed the endeavor has substantial merit but found the petitioner did not sufficiently establish its national importance, as the broader implications of the Beneficiary's specific role were not demonstrated beyond the employer's operations.

2 The individual is well-positioned to advance their proposed endeavor Not Met

USCIS declined to reach this prong as the failure to meet Prong 1 was dispositive for the appeal. Therefore, it was not explicitly evaluated as 'met' or 'unmet' in the final decision.

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

The Director initially concluded this prong was not met, and the AAO dismissed the appeal based on the failure to meet Prong 1, thus declining to further evaluate this prong.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of the Beneficiary's proposed endeavor under Dhanasar Prong 1. While the endeavor had substantial merit, USCIS found insufficient evidence that the Beneficiary's specific role as one of 15 product managers would have broader implications beyond the employer's operations or directly lead to substantial positive economic effects or job creation. The recommendation letters were deemed too general, lacking specific details on the national impact of the Beneficiary's proposed work.

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions
Commercial Success

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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: 2024-12-31.

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At a Glance

Outcome dismissed
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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EB-2 (NIW) Overview All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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