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dismissed EB-2 (NIW) RFE Issued

Software Developer

Information Technology [(IT)] Field · Brazil · 2024-12-03

Decision Date
2024-12-03
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's proposed endeavor is to implement agile methodologies of software analysis and develop strategic plans to benefit U.S. businesses by optimizing processes, reducing costs, increasing productivity, enhancing business intelligence, and helping companies operate more efficiently. This includes helping organizations implement and improve their entire IT systems and provide training on IT-related solutions.

Framework Evaluation

1 of 3 criteria met
1 The individual is well positioned to advance their proposed endeavor Met

The Director found the petitioner well-positioned based on education and experience for the initial endeavor, a finding not overturned by the AAO for the initial endeavor.

2 The proposed endeavor has both substantial merit and national importance Not Met

The petitioner failed to establish that the proposed endeavor had national importance, as the evidence did not show a broad impact beyond individual clients or adequately support economic projections.

3 On balance, waiving the job offer requirement would benefit the United States Not Met

The AAO did not address this prong, as the petition failed on Prong 1, making further analysis unnecessary.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the proposed endeavor (Dhanasar Prong 1). The Director found that the petitioner's business did not demonstrate sufficient impact on the regional or national population, lacked adequate explanation for staffing and revenue forecasts, and did not prove location in an economically depressed area. The AAO agreed that the petitioner's shift to cryptocurrency and robo-advisors in the RFE response constituted a material change to the endeavor, which was not considered. The general guidance on STEM fields was deemed insufficient to establish national importance for the specific endeavor.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested a detailed description of the proposed endeavor and supporting documentary evidence. The petitioner responded with a business plan that introduced a new focus on cryptocurrency and robo-advisors, which was deemed a material change to the original endeavor.

RFE Targets
The proposed endeavor has both substantial merit and national importance

Evidence

Evidence Types
Reference Letters Dependent

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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: 2024-12-03.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 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

Related Pages

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

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