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dismissed EB-2 (NIW)

Information Technology (IT) Manager And Entrepreneur, Owner And General And Operations Manager

Information Technology (IT) Manager And Entrepreneur, IT Infrastructure And Database Consulting And Outsourcing Services Firm, IT Consulting Industry · 2024-09-17

Decision Date
2024-09-17
Location
Massachusetts
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 develop an IT infrastructure and database consulting and outsourcing services firm. This firm will provide on-premises server administration outsourcing, data backup and recovery, IT help desk and user support outsourcing, technical support for cloud outsourcing, and network design and configuration outsourcing.

Framework Evaluation

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

The Director determined the petitioner established substantial merit but failed to establish national importance, a finding affirmed by the AAO. The projected economic impact (24 jobs, $1.7M payroll, $3.4M revenue) was deemed insufficient relative to the overall IT consulting industry, and alignment with federal initiatives lacked specific evidence of broader impact beyond individual clients.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the proposed endeavor under the first Dhanasar prong. The projected employment of 24 workers, payroll of $1,715,435, and revenue of $3,400,000 over five years were not considered substantial positive economic effects in an industry with 3 million employees, $285.2 billion in wages, and $665.9 billion in revenue. Additionally, the petitioner did not provide specific evidence on how the endeavor would support federal initiatives beyond individual clients or impact the field more broadly.

Evidence

Evidence Types
Reference Letters Dependent
Government Alignment

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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: 2024-09-17.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 2

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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