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dismissed EB-2 (NIW) RFE Issued

Computer And Information Systems Manager

Information Technology (IT) · Brazil · 2024-07-16

Decision Date
2024-07-16
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 manage information technology (IT) projects using his 20 years of expertise and people management skills. He intends to contribute to the growth, development, and productivity of new professionals and companies to boost the U.S. economy.

Framework Evaluation

1 of 3 criteria met
1 Well-positioned to Advance the Endeavor Met

The Director initially found the petitioner well-positioned, though the AAO did not reach a final conclusion on this in the appeal.

2 Substantial Merit and National Importance Partially Met

The endeavor was found to have substantial merit but lacked sufficient evidence of national importance.

3 On Balance, Beneficial to Waive Job Offer Not Met

The petitioner failed to demonstrate that waiving the labor certification would benefit the U.S. on balance.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish he is an advanced degree professional, as his Brazilian degree was only equivalent to a U.S. bachelor's and he lacked proof of five years of progressive experience. Additionally, he did not meet the national importance requirement of the first Dhanasar prong, as the benefits of his work were localized to specific employers rather than the broader field.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE focused on the national importance of the endeavor. The petitioner provided an expert opinion letter and industry articles, but these were deemed insufficient to show impact beyond his immediate employers.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Government Alignment

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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: 2024-07-16.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 3
Evidence Types 2

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

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