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dismissed EB-2 (NIW) RFE Issued

CEO And Senior IT Consultant

Information Technology (IT) Field · 2024-06-17

Decision Date
2024-06-17
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 direct and oversee the operations of her company, V-, providing IT consultancy services for educational institutions. This includes developing software, implementing online learning platforms, virtual classes, and attendance tracking systems to improve student engagement and math competency.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

The endeavor has substantial merit but lacks evidence of national importance or broader implications in the IT field.

Why This Petition Was Denied

The petitioner failed to meet Prong 1 because she did not demonstrate that her specific endeavor had implications beyond her own company and clients. While she has 24 years of experience and projected creating 28 jobs and paying $346,000 in taxes by year five, these projections were not sufficiently supported by objective evidence.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to support the national interest waiver; the petitioner provided a business plan and expert letters which the Director found insufficient for national importance.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Government Alignment
Commercial Success
Media Coverage

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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: 2024-06-17.

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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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