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dismissed EB-2 (NIW) RFE Issued

High Technology Consultant And Trainer

High Technology Consultant And Trainer ยท 2024-09-18

Decision Date
2024-09-18
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 expand business advisory services into the United States, focusing on the Manufacturing Industry. This includes educating professionals in various technologies for detecting machine and system defaults, preparing a team for problem identification in large machines (e.g., Power Generation Turbines), and developing a PC/Mobile software tool to archive and analyze test results in the field.

Framework Evaluation

1 of 3 criteria met
1 The individual is well-positioned to advance their proposed endeavor Met

The Director determined that the Petitioner is well-positioned to advance the proposed endeavor. The AAO did not re-evaluate this finding.

2 The proposed endeavor has both substantial merit and national importance Not Met

The Director found the endeavor had substantial merit, but the AAO concluded that the Petitioner did not sufficiently demonstrate the national importance of his proposed endeavor, as its impact was not shown to extend broadly beyond his company and clientele.

3 Whether, on balance, it would benefit the US to waive the job offer and labor certification requirements. Not Met

The AAO declined to reach the third prong, stating that the lack of national importance under Prong 1 was dispositive of the appeal.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of the proposed endeavor under the first prong of the Dhanasar framework. USCIS found insufficient evidence that the endeavor's impact would extend beyond the company and its clients to broadly affect the high technology consulting and training services industry or the U.S. economy. The projected job creation (5-13 employees over five years) and revenue ($800,000-$2,400,000 over five years) were not supported with sufficient detail to demonstrate substantial positive economic effects or national impact.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested more detail on the proposed endeavor and evidence to demonstrate its national importance. The petitioner responded by elaborating on his company's services in predictive maintenance and advanced technology training for manufacturing, but this was deemed insufficient to establish national importance.

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

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions
Commercial Success

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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 1 / 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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