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dismissed EB-2 (NIW) RFE Issued

Information Technology (IT) Engineer Specializing In Cybersecurity

Information Technology (IT) Engineer Specializing In Cybersecurity ยท 2024-04-26

Decision Date
2024-04-26
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 cybersecurity consultancy business providing development, consulting, and training services for Critical Infrastructure Control Systems in both the private and public sectors.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Partially Met

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

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not establish the national importance of the proposed endeavor under the first prong of the Dhanasar framework. The evidence, including a business plan and letters of support, failed to show that the consultancy would have broader implications for the field or substantial positive economic effects beyond its own operations.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to establish the national importance of the endeavor; the petitioner responded with a business plan and industry reports which the AAO considered despite the Director's initial rejection of post-filing documents.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Business Plan
Letters Of Support
Industry Reports
News Articles

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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: 2024-04-26.

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

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

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