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dismissed EB-2 (NIW)

Chief Executive Officer

Information Technology (IT) Consultant · 2025-03-14

Decision Date
2025-03-14
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 a limited liability company offering IT consulting services, specifically end-to-end consulting and support for small and medium companies to implement higher technology solutions and digital transformation.

Framework Evaluation

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

The Director determined the proposed endeavor has substantial merit, and the AAO agreed. However, the petitioner did not establish national importance, as the impact was not shown to extend beyond clients or have broader implications for the field.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the proposed endeavor under the first Dhanasar prong. While the endeavor had substantial merit, the projected payment of up to $458,124 in taxes and employment of up to 25 people in five years were not considered substantially positive economic effects given the industry's size. The proposed training activities and consulting services were not shown to have a broader impact beyond individual clients or trainees, nor were they unique or innovative enough to demonstrate national or global implications.

Evidence

Evidence Types
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: 2025-03-14.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

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

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