dismissed EB-2 (NIW)

Chief Executive Officer (CEO)

Information Technology (IT) Executive ยท 2024-11-21

Decision Date
2024-11-21
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 start and serve as the chief executive officer (CEO) of an IT-focused consulting service company. This company aims to support the growing demand for professionals by providing specialized and technical courses, seminars, and workshops to improve information technology consultants' knowledge.

Framework Evaluation

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

The Director found the proposed endeavor had substantial merit but failed to establish national importance, a finding upheld by the AAO due to a lack of broader implications or substantial economic effects.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy the first Dhanasar prong, 'substantial merit and national importance.' While the endeavor had substantial merit, the AAO found no evidence of national importance, citing a lack of broader implications, significant job creation, or substantial positive economic effects beyond mere projections. The AAO did not evaluate prongs 2 and 3.

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: 2024-11-21.

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

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