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dismissed EB-2 (NIW) RFE Issued

CEO

Business Intelligence Services Using Information Technology (IT) Tools And Solutions · 2024-09-18

Decision Date
2024-09-18
Location
Massachusetts
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 serve as CEO of a company providing business intelligence services using IT tools and solutions. The company will develop and implement integrated solutions to offer world-class IT services and customized business intelligence solutions to U.S. companies, enhancing their information systems, operational efficiency, and decision-making capabilities.

Framework Evaluation

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

USCIS agreed the endeavor had substantial merit but found the petitioner did not establish national importance, citing insufficient detail in business plan projections and a lack of specific evidence linking the endeavor to broader national impact beyond general industry importance.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the proposed endeavor under Dhanasar's first prong. USCIS found the business plan's projections for 19 jobs, $3.3 million in cumulative salaries, $4.2 million in revenue, and $113,000 in taxes lacked sufficient detail and basis. Expert letters were deemed too general, restating the petitioner's arguments without specific evidence of broader implications, and merely working in an important field (IT/STEM) was insufficient to demonstrate national importance. The petitioner also failed to show participation in the HUBZone program or that the location was an economically depressed area with significant impact.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued a Request for Evidence (RFE) noting deficiencies in the initial record, to which the Petitioner timely responded. The RFE did not specify categories, but the subsequent denial indicated the petitioner did not meet any Dhanasar prongs.

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

Evidence

Evidence Types
Reference Letters Independent
Commercial Success
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: 2024-09-18.

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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 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

Related Pages

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