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dismissed EB-2 (NIW) RFE Issued

Mechanical Engineer

Information Technology (IT) And Blockchain Field ยท 2024-08-22

Decision Date
2024-08-22
Location
U.S.
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 initially proposed creating a company offering project management consultancy in IT and Blockchain, developing tools, courses, and platforms for decentralized information management, and specifically focusing on a 'Decentralized Medical Info (DEMI) project' using Blockchain for secure medical data exchange. Later, in response to an RFE, the proposed endeavor was revised to provide extensive IT project management and scrum master consultancy, corporate IT team training services, and high-level IT training services targeting small- and medium-sized enterprises, corporations, and individuals in the U.S.

Framework Evaluation

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

The petitioner did not sufficiently demonstrate the substantial merit and national importance of the proposed endeavor due to insufficient and inconsistent evidence regarding its substantive nature, including conflicting statements and a materially altered business plan.

Why This Petition Was Denied

The appeal was dismissed because the petitioner provided conflicting information regarding the proposed endeavor in the initial filing and then made a material change to it in the RFE response, failing to resolve these inconsistencies. This lack of clarity and reliability in the evidence prevented USCIS from making an informed eligibility determination, particularly concerning the substantial merit and national importance of the proposed endeavor under Dhanasar's first prong.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE targeted the inconsistencies between the petitioner's initial statement and business plan regarding the proposed endeavor. The petitioner responded by submitting a revised business plan that materially changed the endeavor, rather than clarifying the initial discrepancies, which was deemed an unresolved inconsistency and material change.

RFE Targets
The proposed endeavor has both substantial merit and national importance

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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: 2024-08-22.

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At a Glance

Outcome dismissed
RFE Issued
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

Related Pages

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

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