How common are denied EB-2 NIW petitions?

EB-2 NIW petition outcomes vary based on the strength of evidence, the specific criteria addressed, and the adjudicating officer. Each case is evaluated individually based on its own merits and documentation.

How does the Information Technology (IT) consulting services industry affect EB-2 NIW petition outcomes?

The Information Technology (IT) consulting services sector has unique considerations for EB-2 NIW petitions. USCIS evaluates whether the petitioner's qualifications and contributions align with the specific requirements of the visa category. Industry context matters for demonstrating the significance and impact of the petitioner's work.

dismissed EB-2 (NIW) RFE Issued

Chief Executive Officer

Information Technology (IT) Consulting Services · 2024-07-18

Decision Date

2024-07-18

Location

California

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 company in California specialized in implementing cutting-edge technology for small and medium-sized enterprises (SMEs). The endeavor aims to minimize technological barriers for startups, support economic development, and address the shortage of STEM professionals.

Framework Evaluation

0 of 3 criteria met

1 Substantial Merit and National Importance Not Met

The endeavor has substantial merit but the petitioner failed to demonstrate its potential prospective impact on the U.S. economy or the IT industry at a national level.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor (Prong 1). While the business plan projected 15 jobs and $6.987 million in revenue, the AAO found these figures insufficient to demonstrate a substantial economic effect on the $2 trillion IT sector, and the evidence did not show broader implications for the field.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE sought to clarify the national importance of the IT consulting services. The petitioner provided a business plan and expert letters, but they focused on the industry's importance rather than the specific endeavor's impact.

RFE Targets

Substantial Merit and National Importance

Evidence

Evidence Types

Reference Letters Dependent

Government Alignment

Reference Letters Independent

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: 2024-07-18.

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At a Glance

Outcome dismissed

RFE Issued

Criteria Met 0 / 3

Evidence Types 4

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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