dismissed EB-2 (NIW) RFE Issued

IT Professional Consultant

Information Technology (IT) Professional Consultant · 2024-08-29

Decision Date
2024-08-29
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 offer intelligent and innovative IT solutions to support businesses by optimizing processes, reducing costs, increasing productivity, and helping companies operate more efficiently. He also intends to provide training on software development and other IT subjects to U.S. professionals to enhance the nation's IT workforce.

Framework Evaluation

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

The petitioner was found to be well-positioned to advance his proposed endeavor, based on his academic background and progressive professional experience as an IT professional consultant.

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

The proposed endeavor was found to have substantial merit, but the petitioner failed to demonstrate its national importance, as it did not show broader implications for the IT field or substantial positive economic effects beyond his specific business.

3 On balance, it would benefit the US to waive the job offer and labor certification requirements Not Met

The AAO reserved judgment on this prong, stating that the failure to establish national importance (prong 1) was dispositive of the appeal, thus it was not fully evaluated.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his proposed endeavor under Dhanasar's first prong. While the endeavor had substantial merit and the petitioner was well-positioned to advance it, he did not demonstrate that his specific IT solutions or training would have broader implications for the IT industry or substantial positive economic effects beyond his clients and employees. The business plan's projected revenue of $630K in year one to $2.9 million in year five and job creation of 6 positions in year one to 25 in year five were not deemed significant enough to establish national importance, nor was corroborating evidence provided. The decision also noted the lack of awards, grants, or intellectual property to validate national importance, and that merely working in an important field like IT or addressing a STEM worker shortage (which is handled by labor certification) is insufficient. The AAO reserved judgment on the third Dhanasar prong as the failure to establish national importance was dispositive.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence to demonstrate the national importance of the petitioner's endeavor. In response, the petitioner submitted a business plan, additional articles, and industry reports, but these were deemed insufficient to show broader impact or substantial positive economic effects beyond his specific business, or to corroborate projected revenue and job creation.

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

Evidence

Evidence Types
Reference Letters Dependent
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: 2024-08-29.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 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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