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dismissed EB-2 (NIW) RFE Issued

Systems Engineer

Information Systems Field · Venezuela · 2024-05-09

Decision Date
2024-05-09
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 apply her experience as a systems engineer to design and develop novel technological platforms that facilitate the delivery of virtual clinical services in the mental health industry. She intends to create all-in-one modular software solutions to modernize, automate, and diversify clinical and therapeutic services offered by companies in the United States.

Framework Evaluation

1 of 3 criteria met
1 Well-positioned to Advance the Endeavor Met

The Director found the petitioner well-positioned based on her 20 years of experience and advanced degree.

2 Substantial Merit and National Importance Not Met

The endeavor has substantial merit but lacks evidence of national importance or broader implications in the field.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Director found this prong was not satisfied, and the AAO reserved further comment as the first prong was not met.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of her endeavor under the first Dhanasar prong. While the endeavor had substantial merit, the evidence (including a business plan projecting 20 jobs and various articles) did not demonstrate a prospective impact beyond the petitioner's company or its clients. The AAO noted a lack of expert letters or government interest specifically tied to her 'novel' methodologies.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence to satisfy the Dhanasar prongs. The petitioner submitted a business plan and additional reports, but failed to establish national importance.

RFE Targets
Substantial Merit and National ImportanceWell-positioned to Advance the EndeavorOn Balance, Beneficial to Waive Job Offer

Evidence

Evidence Types
Media Coverage
Reference Letters Dependent
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: 2024-05-09.

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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 3,814
Success Rate 53.6%
Sustained 2,046
Dismissed 1,672

Related Pages

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

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