dismissed EB-2 (NIW)

Information Technology (IT) Specialist

Information Technology (IT) · 2024-09-19

Decision Date
2024-09-19
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 intends to establish a Technical Solutions Consultancy firm in the United States, offering advanced technological solutions and process management consultancy services to small businesses. The firm will focus on areas such as Accounting, Finance, Purchasing, Inventory Costs, Billing, Budgeting, Taxation, Asset Management, Contracts, and Human Resources, targeting market segments like English schools, pet shops, and financial and insurance institutions.

Framework Evaluation

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

The Petitioner did not establish that the proposed endeavor would have substantial merit or national importance, as the projected job creation and economic impact were not deemed sufficient to rise to a national level or have a broad impact beyond individual clients.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish that the proposed endeavor had substantial merit and national importance, as required by the first prong of the Dhanasar framework. Although the Petitioner projected creating five direct jobs, USCIS found these figures and the general economic impact insufficient to demonstrate national importance or a broad impact beyond the business's immediate area of operations and individual clients.

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions
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: 2024-09-19.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 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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