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dismissed EB-2 (NIW)

Chief Executive Officer

Information Technology Consulting Services Company · 2024-12-09

Decision Date
2024-12-09
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 establish and direct an information technology consulting services company in Florida. This company will specialize in IT consulting solutions, including implementation, development, and migration of existing software to cloud environments, as well as software development for various company segments, aiming to improve performance, increase security, and reduce costs.

Framework Evaluation

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

The Director found the endeavor had substantial merit, but the petitioner failed to establish national importance, as the record did not show broader implications beyond the company's clients and employees.

2 Well-positioned to advance the proposed endeavor Not Met

The Director concluded that the record did not satisfy the second Dhanasar prong, and the AAO reserved opinion on this prong.

3 On balance, waiving the job offer requirement would benefit the United States Not Met

The Director concluded that the record did not satisfy the third Dhanasar prong, and the AAO reserved opinion on this prong.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish that the proposed endeavor has national importance, a requirement of the first Dhanasar prong. The business plan's wage information conflicted with the Form I-140, casting doubt on its reliability. Generalized surveys, articles, and government initiatives cited did not specifically address the proposed endeavor's broader implications beyond the company's clients and employees, nor did the plan to employ 6-25 workers demonstrate significant potential to employ U.S. workers or substantial positive economic effects.

Evidence

Evidence Types
Reference Letters Dependent
Government Alignment
Business Plan

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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: 2024-12-09.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 3

EB-2 (NIW) Case Data

Scraped Case Data

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

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

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