dismissed EB-2 (NIW)

Project Manager

Information Technology (IT) · 2024-05-14

Decision Date
2024-05-14
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 work as a Project Manager specializing in ERP (Enterprise Resource Planning) and IT Management using PMI and agile methodologies (Scrum, Kanban). He intends to lead IT teams, support large industrial operations using ERP TOTVS and SAP, and help American companies expand globally through business process transformation.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

The endeavor has substantial merit but lacks national importance as it does not show broader implications for the industry or economy.

2 Well-positioned to Advance the Endeavor Not Met

The AAO declined to reach this issue.

3 On Balance, Waiving the Job Offer is Beneficial Not Met

The AAO declined to reach this issue.

Why This Petition Was Denied

The petitioner failed to meet the first prong of the Dhanasar framework. Specifically, he did not show that his work as a project manager would have implications beyond his specific employers or that it would result in substantial economic effects or job creation on a national scale.

Evidence

Evidence Types
Letters Of Recommendation
Expert Opinion Letters

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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: 2024-05-14.

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At a Glance

Outcome dismissed
Criteria Met 0 / 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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