dismissed EB-2 (NIW)

CEO Of A Company That Will Provide Cybersecurity Packages And Security-Related Consulting Services

Cybersecurity · 2025-03-11

Decision Date
2025-03-11
Location
Virginia
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 intends to serve as the CEO of a company providing cybersecurity packages and security-related consulting services. The endeavor aims to protect business communities, including small and medium enterprises and critical infrastructure sectors, against growing cyber threats through an innovative and personalized approach.

Framework Evaluation

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

The record does not show the endeavor stands to sufficiently extend beyond the petitioner's clientele to impact the industry or economy at a level of national importance.

2 Well-positioned to Advance the Endeavor Not Met

The Director determined the Petitioner was not well-positioned, and the AAO declined to disturb this finding after the failure of Prong 1.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Director concluded the Petitioner had not shown that a waiver of the job offer requirement would be beneficial.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor under the first Dhanasar prong. While the business plan projected millions in revenue over five years, the record lacked supporting evidence for these figures and failed to show how the work would impact the field more broadly or create substantial economic benefits compared to the established industry.

Evidence

Evidence Types
Government Alignment
Reference Letters Dependent

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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: 2025-03-11.

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At a Glance

Outcome dismissed
Criteria Met 0 / 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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