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dismissed EB-2 (NIW)

IT Project Manager And Entrepreneur

Information Technology (IT) Project Management And Entrepreneur · Brazil · 2024-07-31

Decision Date
2024-07-31
Location
Florida
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 establish a consulting, advisory, and training business in project management focusing on information technology, implementation, and systems management, targeting populations in Florida including economically depressed areas.

Framework Evaluation

1 of 3 criteria met
1 Substantial Merit and National Importance Partially Met

The endeavor was found to have substantial merit but failed to demonstrate national importance as it lacked significant potential for job creation or broader impact beyond individual clients.

2 Well-positioned to Advance the Endeavor Not Met

The USCIS declined to reach a determination on the petitioner's qualifications to advance the endeavor after finding the endeavor itself lacked national importance.

3 On Balance, Beneficial to Waive Job Offer Not Met

The USCIS declined to reach a determination on whether waiving the job offer would benefit the U.S. on balance because the failure to meet prong 1 was dispositive.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor (Prong 1). The projected creation of 11 direct jobs and up to 170 indirect jobs was deemed insignificant relative to the national management consulting industry. Additionally, there was no evidence of broader impact on the field or alignment with national STEM goals beyond individual client work.

Evidence

Evidence Types
Media Coverage
Reference Letters Dependent
Government Alignment
Original Contributions
Business Plan

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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: 2024-07-31.

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At a Glance

Outcome dismissed
Criteria Met 1 / 3
Evidence Types 5

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,814
Success Rate 53.6%
Sustained 2,046
Dismissed 1,672

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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