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 be a catalyst for digital transformation across various industries in the United States, addressing the needs of businesses navigating the complexities of the modern digital economy. His service offerings include digital transformation strategy, project management consulting, enterprise resource planning selection and implementation, industry 4.0 solutions, process mapping and implementation, and training and education, with an intent to focus on AI innovation, research, and development.
Framework Evaluation
0 of 3 criteria met
1The proposed endeavor has both substantial merit and national importanceNot Met
The proposed endeavor was found to have substantial merit, but the petitioner failed to demonstrate its national importance, as there was no significant potential to employ U.S. workers or substantial positive economic effects, and the impact did not extend broadly beyond the community.
Why This Petition Was Denied
The appeal was dismissed because the Petitioner failed to establish the national importance of his proposed endeavor, which is the first prong of the Dhanasar framework. While substantial merit was acknowledged, the evidence did not demonstrate significant potential to employ U.S. workers or substantial positive economic effects, particularly in an economically depressed area. The business plan indicated an intent to hire 25 employees over 5 years in Georgia, but immediate demand for services was not shown. Furthermore, some cited federal priorities, like Executive Order 14012, were revoked, and the petitioner did not sufficiently detail how his specific endeavor would meaningfully impact broad governmental AI initiatives.
Request for Evidence (RFE)
Unsuccessfully Addressed
The petitioner was given notice and a reasonable opportunity to provide additional evidence regarding the national importance of his endeavor, but the new evidence submitted on appeal was not considered.
RFE Targets
The proposed endeavor has both substantial merit and national importance
The petitioner proposes to develop practical frameworks for digital service optimization and enterprise IT strategies, focusing on human-AI collaboration and automation in IT support. This work aims to improve the performance, scalability, and accessibility of IT systems within public-sector settings and socially impactful U.S. enterprises.
The petitioner proposes to establish an IT hosting and digital marketing company in Wyoming focused on website creation and the strategic implementation of SEO technologies. The endeavor aims to provide customized marketing services to client companies to assist their development in the online environment.
The petitioner proposes to perform as an IT Specialist, providing specialized services in web development, database management, DevOps, and software design. His endeavor includes creating a new framework for complex web applications, developing a new database system for improved data retrieval and storage, introducing new DevOps tools and practices, and pioneering a modern user-experience-focused software design methodology.
The petitioner proposes to pursue a career as a digital marketing specialist in the United States, with a long-term vision to establish his own digital marketing agency. He argues this endeavor aligns with national goals of fostering innovation and entrepreneurship.
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.
