dismissed EB-2 (NIW)

Information Technology (IT) Consultant

Information Technology (IT) Consultant · 2024-07-15

Decision Date
2024-07-15
Location
unspecified location in the United States
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 establish an IT consulting services business to help U.S. businesses achieve optimization and effectiveness. The work focuses on providing customized solutions, establishing strong IT infrastructure, and facilitating digital transformation.

Framework Evaluation

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

The Director determined the petitioner was well-positioned based on her extensive professional experience.

2 Substantial Merit and National Importance Partially Met

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

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor under the first Dhanasar prong. Although the petitioner had over 20 years of experience and the field of IT is important, the business plan lacked specific staffing or revenue projections to demonstrate a substantial economic impact. Additionally, expert letters and industry reports failed to show how the specific work would impact the field more broadly rather than just individual clients.

Evidence

Evidence Types
Media Coverage
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: 2024-07-15.

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At a Glance

Outcome dismissed
Criteria Met 1 / 3
Evidence Types 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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