dismissed EB-2 (NIW)

IT Specialist

Information Technology Industry And The Business Sector · 2024-09-10

Decision Date
2024-09-10
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 intends to work as an IT Specialist and provide specialized services in areas impacting the information technology industry and the business sector in the United States, collaborating with U.S.-based forward-thinking technology companies, spanning both established enterprises and emerging players, to cater to the ever-evolving needs of customers.

Framework Evaluation

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

The Petitioner failed to demonstrate the national importance of his specific proposed endeavor, as it did not show broader implications for the field or the U.S. economy, nor did it project significant job creation or positive economic effects.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to satisfy the first prong of the Dhanasar framework. Specifically, the Petitioner did not demonstrate the national importance of his specific endeavor as an IT Specialist in California, nor did he show how it would broadly impact the field, create U.S. jobs, or have substantial positive economic effects. The decision explicitly states that further analysis of Prongs 2 and 3 was unnecessary.

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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: 2024-09-10.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

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