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dismissed EB-2 (NIW)

CEO

Information Technology Consulting Services · 2025-03-21

Decision Date
2025-03-21
Location
Virginia
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 a startup in Virginia dedicated to offering comprehensive IT solutions, including planning, sales, implementation, testing, monitoring, data management, business intelligence, network security, and specialized technical and cybersecurity consulting. The startup aims to provide various hardware and software solutions to small and medium-sized businesses.

Framework Evaluation

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

The proposed endeavor was found to have substantial merit by the Director, but the AAO determined it lacked national importance, as its impact was limited to the petitioner's self-owned enterprise and direct clients, without broader implications or innovative distinction from other businesses.

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

The Director determined that the record does not satisfy the third Dhanasar prong.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish national importance under the first Dhanasar prong. The business plan's financial projections (e.g., $1,020,000 in sales in year 1, increasing to $5,890,320 in year 5) and job creation estimates (12 workers in year 1, 32 in year 5, and 200 direct/indirect jobs from RIMS II analysis) were deemed arbitrary and unsubstantiated. The industry report was not considered valid evidence as it was dated after the filing date. The proposed endeavor was found to offer similar goods and services to existing companies, lacking broader implications beyond direct clients.

Evidence

Evidence Types
Reference Letters Dependent
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: 2025-03-21.

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

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