dismissed EB-2 (NIW) RFE Issued

Information Technology Consultant

Information Technology Consultant · 2023-08-30

Decision Date
2023-08-30
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 consult and provide specialized technology services and devices, such as OBD tracking and wearable tracking devices, to companies in the logistics and transportation industries. The endeavor aims to optimize processes, reduce costs, and enhance business intelligence through innovative software development solutions.

Framework Evaluation

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

The endeavor has substantial merit but lacks evidence of national importance or broader industry implications.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor (Prong 1). While the business plan projected 101 employees and $7.2 million in revenue by year five, the petitioner did not provide evidence supporting these projections or show how the work would impact the industry beyond his specific clientele.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence of national importance; the petitioner provided a business plan and industry articles which were deemed insufficient to show broader impact.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
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: 2023-08-30.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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