dismissed EB-2 (NIW) RFE Issued

Information Technology Specialist

Information Technology Field · 2022-01-24

Decision Date
2022-01-24
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 as an in-house information technology specialist for various U.S. companies, ranging from hospitals to large organizations like Amazon, Facebook, and Google. He intends to develop, implement, and manage complex IT systems and optimize IT processes to help companies perfect their systems applications.

Framework Evaluation

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

The endeavor was found to benefit specific companies and clients rather than the field or U.S. economy on a broader scale.

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 Dhanasar prong. The decision noted that providing services to specific employers or clients does not sufficiently impact the industry more broadly, and evidence of past achievements or certifications obtained after the filing date (December 2018) could not be used to establish eligibility.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to establish the national importance of the proposed endeavor. The petitioner responded by detailing his intent to work for large companies like Google and Facebook.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Awards

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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: 2022-01-24.

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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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