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dismissed EB-2 (NIW) RFE Issued

Entrepreneur

Information Technology (IT) · Brazil · 2022-03-22

Decision Date
2022-03-22
Location
Florida
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 operate an IT solutions company in Florida focusing on software development to improve managerial, enterprise resource planning (ERP), and accounting processes. The endeavor includes providing IT consulting, software implementation, app development, and automation services to U.S. businesses.

Framework Evaluation

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

The endeavor has substantial merit but lacks national importance as it does not offer broader implications for the field or significant economic impact.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not establish the national importance of the endeavor under the first Dhanasar prong. Although he met the EB-2 criteria for academic record, ten years of experience, and high salary, he failed to show that his business would have substantial positive economic effects or broader implications for the IT industry.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested more details on the proposed endeavor; the petitioner provided a business plan and letters which failed to establish national importance.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
High Salary
Original Contributions

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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: 2022-03-22.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

Related Pages

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

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