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dismissed EB-2 (NIW) RFE Issued

Business Intelligence (BI) Services Through Database Management, Customer Relationship Management, Enterprise Resource Planning, Robotic Process Automation, Machine Learning And Artificial Intelligence Tools

Business Intelligence (BI) Services · 2024-07-16

Decision Date
2024-07-16
Location
Florida
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 own and operate a Florida-based business providing Business Intelligence (BI) services using tools such as Database Management, CRM, ERP, Robotic Process Automation, Machine Learning, and AI. The endeavor aims to serve sectors including food retail, telecommunications, logistics, and the beer industry through data science and general data analysis.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

While the endeavor had substantial merit, it lacked evidence of national importance or substantial economic impact beyond the petitioner's own business and clients.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner did not establish the national importance of the endeavor under the first Dhanasar prong. While the business plan projected revenue of $8.9 million by year five and the creation of 12 direct jobs, these projections lacked supporting evidence and failed to show substantial positive economic effects or broader industry implications. The AAO also noted that addressing a labor shortage is typically handled through the labor certification process and does not inherently establish national importance.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued an RFE regarding the three prongs of the Dhanasar framework, to which the Petitioner responded with a business plan and technical articles.

RFE Targets
Substantial Merit and National Importanceprong 2prong 3

Evidence

Evidence Types
Original Contributions
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: 2024-07-16.

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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

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

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