dismissed EB-2 (NIW) RFE Issued

Data Scientist/Entrepreneur

Data Science Solutions And Information Technology Projects ยท 2024-06-04

Decision Date
2024-06-04
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 operate a consultancy company in Florida specializing in data science solutions and information technology projects. The work involves designing and implementing solution architecture, leadership, and project management to optimize data-driven processes for U.S. businesses and government agencies.

Framework Evaluation

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

The endeavor has substantial merit but lacks sufficient evidence of national importance or broader prospective impact.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to meet the first Dhanasar prong regarding national importance. Although the petitioner claimed the endeavor would create 10 jobs and generate $1,632,382 in revenue by year five, the evidence did not demonstrate a prospective impact rising to a level of national importance or broader field implications.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested additional evidence to establish the national interest waiver criteria. The petitioner provided a business plan and industry reports, but these did not sufficiently demonstrate national importance.

RFE Targets
Substantial Merit and National Importanceprong 2prong 3

Evidence

Evidence Types
Reference Letters Dependent
Media Coverage
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: 2024-06-04.

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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 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

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