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dismissed EB-2 (NIW)

Information Technology Consultant

Information Technology · Brazil · 2024-08-26

Decision Date
2024-08-26
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 work in information technology, starting his own company in Florida to provide a comprehensive range of consultancy services for allowing Internet Service Providers (ISPs) to deliver highly secure, expandable, value-added voice, video, and data services.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

The proposed endeavor was found to have substantial merit but failed to demonstrate national importance. The petitioner did not show how his specific IT consultancy services would have broader implications or substantial positive economic effects at a national level.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his proposed endeavor under the first prong of the Dhanasar framework. The business plan's projections of $528,000 to $1,450,000 in revenue and the creation of 6 to 18 positions were not deemed sufficient to demonstrate substantial positive economic effects or broader national implications beyond limited client benefits. As the first prong was not met, further analysis of the second and third prongs was deemed unnecessary.

Evidence

Evidence Types
Business Plan
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: 2024-08-26.

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

Related Pages

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

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