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dismissed EB-2 (NIW)

IT Project Manager And Entrepreneur

Information Technology (IT) ยท 2024-08-22

Decision Date
2024-08-22
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 develop a parking finder mobile application that will guide drivers to available parking spots in real time. This endeavor aims to reduce the time and stress associated with finding parking, optimize parking space usage, and reduce traffic congestion and pollution in cities.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Partially Met

The Director and AAO agreed that the proposed endeavor had substantial merit. However, the petitioner failed to establish national importance, as the projections for job creation and economic effects were not deemed significant enough, and broader impact beyond the company's clients was not demonstrated.

2 The individual is well-positioned to advance their proposed endeavor Not Met

USCIS declined to evaluate this prong as the first prong was dispositive.

3 On balance, waiving the job offer requirement would benefit the United States Not Met

USCIS declined to evaluate this prong as the first prong was dispositive.

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. While the business plan projected employing 4 individuals in the first year and 37 in the fifth year, and net income of $154,445 in the first year increasing to $6,370,165 in the fifth year, these projections were deemed insufficient to demonstrate significant potential to employ U.S. workers or substantial positive economic effects within the context of a $176.6 billion industry. The petitioner also did not demonstrate that the company would operate in economically depressed HUBZone areas or that the endeavor would impact the field more broadly beyond its clients.

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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: 2024-08-22.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3

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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