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dismissed EB-2 (NIW)

CEO And "Technical Leader"

Information Technology (IT) · 2024-07-10

Decision Date
2024-07-10
Location
United States
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 his company, C-, providing end-to-end digital transformation services. These services include cloud infrastructure, unified communication and collaboration, network architecture, security, server, and storage solutions.

Framework Evaluation

1 of 3 criteria met
1 Well-positioned to Advance the Endeavor Met

The Director found the petitioner well-positioned based on his 10 years of IT experience and education.

2 Substantial Merit and National Importance Not Met

The endeavor has substantial merit but lacks national importance as it does not show broader implications beyond the petitioner's clients.

3 Waiver Benefit Not Met

The Director concluded the petitioner did not establish that waiving the labor certification would be in the national interest.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner did not establish the national importance of his endeavor (Prong 1). While he provided a business plan projecting 60 jobs and $5 million in revenue by year five, these metrics were not substantiated with independent evidence, and the work was found to benefit his specific clients rather than the field or economy at large.

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: 2024-07-10.

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At a Glance

Outcome dismissed
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

Related Pages

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

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