dismissed EB-2 (NIW)
Application Manager
Information Technology Field · 2024-11-15
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 provide valuable services in the information technology field. The endeavor aims to foster progress in STEM technologies and potentially have substantial positive economic effects, though these were not sufficiently demonstrated.
Framework Evaluation
0 of 3 criteria met1 Proposed endeavor has substantial merit and national importance Not Met
USCIS concluded that the proposed endeavor, while in an important field, did not establish broader implications or substantial economic effects commensurate with national importance.
Why This Petition Was Denied
The motion to reconsider was dismissed because the petitioner failed to establish that the prior decision was based on an incorrect application of law or policy. USCIS concluded that the petitioner did not meet the first Dhanasar prong, as the proposed endeavor lacked broader implications or substantial economic effects of national importance. The evidence, including letters from third parties, established benefits to former employers and the industry generally, but not the petitioner's specific endeavor. The petitioner's general assertions regarding STEM and entrepreneur guidance were not supported by specific errors in application.
Evidence
Evidence Types
Reference Letters Dependent
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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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-11-15.
Browse all casesAt a Glance
Outcome dismissed
Criteria Met 0 / 3
Evidence Types 1
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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