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dismissed EB-2 (NIW)

IT Business Analyst

Information Technology (IT) Business Analyst · Brazil · 2025-01-17

Decision Date
2025-01-17
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 come to the United States to work as a CEO for his startup IT consulting company. His company aims to offer consulting services focused on cybersecurity, data privacy, and protection technology. The main goal is to have a high social and economic impact by being a knowledge transfer company, sharing best market practices with the American information security technology community, developing cybersecurity professionals, reducing risk and financial loss for establishments, and extracting the most value in a high demanding IT-cybersecurity professional ecosystem. The petitioner also claims his company will serve to address labor shortages in the cybersecurity and IT fields.

Framework Evaluation

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

The Director found substantial merit but determined the petitioner did not establish national importance, a finding upheld by the AAO. The endeavor lacked broader implications and sufficient evidence of national economic impact or significant job creation.

2 The individual is well-positioned to advance their proposed endeavor. Not Met

The Director determined the petitioner did not establish he was well-positioned to advance the endeavor. The AAO declined to reach this prong as the decision on Prong 1 was dispositive.

3 On balance, waiving the job offer requirement would benefit the United States. Not Met

The Director determined that it would not be beneficial to the U.S. to waive the job offer requirement. The AAO declined to reach this issue as the finding on Prong 1 was dispositive.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his proposed endeavor under the first prong of the Dhanasar framework. Specifically, the projected employment of 23 people over five years and general claims of economic impact were deemed insufficient to demonstrate national importance or broader implications beyond individual clients. The decision noted that shortages of qualified workers are addressed by the U.S. Department of Labor through the labor certification process, and the petitioner did not establish his endeavor would significantly reduce a national labor shortage. The AAO declined to reach the other prongs as the decision on Prong 1 was dispositive.

Evidence

Evidence Types
Reference Letters Dependent
Commercial Success

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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: 2025-01-17.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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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