dismissed EB-2 (NIW)

Training And Development Consultant /Entrepreneur

Information Technology (IT) And The Field Of Science, Technology, Engineering, And Mathematics—Or STEM · 2024-09-19

Decision Date
2024-09-19
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 a Training and Development Consultant /Entrepreneur, focusing on building a highly skilled labor force in IT and STEM fields. Her firm will provide training, boot camp experience, career evaluation, networking events, and arrange remote work and internship contracts for young professionals in U.S. companies.

Framework Evaluation

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

USCIS found the endeavor had substantial merit but lacked sufficient evidence to demonstrate national importance, as the petitioner did not show a broad impact beyond her single firm's operations.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy the first prong of the Dhanasar framework, specifically regarding the national importance of her proposed endeavor. While the endeavor had substantial merit, USCIS found no objective evidence to support claims of national economic impact, significant job creation (33 new jobs projected by year five, $3,834,400 in salaries, $2,385,583 revenue), or broader impact on STEM education or the multi-billion-dollar IT industry. USCIS declined to evaluate the remaining Dhanasar prongs.

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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: 2024-09-19.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3

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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