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dismissed EB-2 (NIW)

Cybersecurity Technology Entrepreneur

Cybersecurity Technology Entrepreneur · Brazil · 2023-09-13

Decision Date
2023-09-13
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 create and manage a cybersecurity technology service focused on information technology systems access control utilizing multi-factor authentication. The endeavor aims to prevent and reduce cyber-attacks and enhance the global competitiveness of the U.S. cybersecurity industry.

Framework Evaluation

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

While the endeavor has substantial merit, it lacks national importance as the record does not establish broader implications or significant economic impact.

2 Well Positioned to Advance the Endeavor Not Met

The Petitioner failed to provide sufficient evidence of their qualifications, including detailed job descriptions and certifications that show expertise above the ordinary.

3 On Balance, Beneficial to Waive Job Offer Not Met

The issue was reserved as the petitioner failed the first prong and did not qualify for the underlying EB-2 classification.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to meet the first prong of Dhanasar, specifically lacking evidence of national importance. Additionally, the Petitioner failed to demonstrate categorical eligibility for EB-2 classification, as the work experience letters lacked specific duty descriptions and the certifications did not demonstrate expertise significantly above the ordinary.

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions
High Salary

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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: 2023-09-13.

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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 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

Related Pages

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

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