dismissed EB-2 (NIW)

Business Intelligence Analyst And Entrepreneur

Business Intelligence, Data Analysis, And Digital Transformation · 2025-03-24

Decision Date
2025-03-24
Location
Austin, Texas
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 as a business intelligence consultant and establish a company in the United States that provides consulting services and customized solutions in business intelligence, data analysis, and digital transformation. These services target medium to large companies across various sectors like retail FMCG, technology, healthcare, and finance, aiming to maximize data value for business growth.

Framework Evaluation

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

USCIS found that while the proposed endeavor had substantial merit, the petitioner failed to establish its national importance, as the work's impact was not shown to extend beyond clients or offer original innovations with national or global implications.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the proposed endeavor, which is the first prong of the Dhanasar framework. While the endeavor had substantial merit, the evidence did not sufficiently demonstrate that the work would extend beyond individual clients or offer original innovations with national or global implications. The projected job creation (up to 9 employees in year one, 41 by year five) and economic effects were deemed insufficient to prove national economic impact, and the expert and recommendation letters lacked specificity regarding the broader implications of the petitioner's specific plans.

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions
Commercial Success
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: 2025-03-24.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 4

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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