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dismissed EB-2 (NIW) RFE Issued

Software Engineer

Transportation Sector · 2025-01-30

Decision Date
2025-01-30
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 advance battery electric vehicle (BEV) software engineering, particularly in thermal management controls and software. This involves developing state-of-the-art software to optimize cooling and heating strategies for critical EV components, enhancing performance, range, and battery life.

Framework Evaluation

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

The Beneficiary's skills, knowledge, and prior work in his field for the Petitioner and previous employer relate to the second prong of the Dhanasar framework, indicating he is well-positioned to advance his proposed endeavor.

2 The 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 sufficiently demonstrate national importance, as the specific work's broader implications or substantial positive economic effects were not established.

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

The AAO concluded that the Petitioner failed to demonstrate that the Beneficiary's contributions were of such value that waiving the job offer and labor certification requirements would, on balance, benefit the United States.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish that the proposed endeavor had national importance (Prong 1) and that, on balance, waiving the job offer and labor certification would benefit the U.S. (Prong 3). The decision noted that the Beneficiary's specific projects as a Software Engineer did not demonstrate broader implications in the field or industry beyond the employer's operations, nor did they show substantial positive economic effects or job creation attributable to his specific work.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested additional evidence to establish the national importance of the Beneficiary's proposed endeavor and to demonstrate that waiving the job offer and labor certification requirements would benefit the United States. The petitioner responded by providing further details on the endeavor and its alignment with national goals, along with expert letters.

RFE Targets
The proposed endeavor has both substantial merit and national importanceOn balance, waiving the job offer requirement would benefit the United States

Evidence

Evidence Types
Reference Letters Dependent
Government Alignment

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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: 2025-01-30.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 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

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