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dismissed EB-2 (NIW) RFE Issued

Computer Network Architect And Entrepreneur

Information Technology (IT) · 2025-03-12

Decision Date
2025-03-12
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 operate a Florida-based company as a computer network architect and entrepreneur, aiming to empower businesses with state-of-the-art AI and IT solutions, transforming industries and driving sustainable growth. This involves expanding and progressing his own consulting company.

Framework Evaluation

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

The Director found that the petitioner's proposed endeavor had substantial merit but failed to establish national importance, as the evidence did not demonstrate a direct and substantial impact on national security, economy, or technology sectors on a national scale.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his proposed endeavor under the first prong of the Dhanasar framework. USCIS found that the evidence, including financial projections of $26.1 million in revenue, $1.3 million investment, $2.7 million in income taxes, and $8.1 million in salaries over five years, lacked independent corroboration. The plan to create 49 new jobs and establish locations in HUBZones was noted, but the petitioner did not demonstrate participation in the HUBZone program or provide sufficient detail on how these projections would be realized. The decision reserved opinion on Dhanasar's second and third prongs.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to establish the national importance of the endeavor, the petitioner's position to advance it, and the overall benefit of waiving the job offer and labor certification. The petitioner's response included financial projections and claims of job creation and HUBZone alignment, but these were deemed insufficient or uncorroborated by USCIS. The RFE also requested evidence for the advanced degree requirement.

RFE Targets
The proposed endeavor has both substantial merit and national importanceprong 2prong 3eb2 qualification

Evidence

Evidence Types
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: 2025-03-12.

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At a Glance

Outcome dismissed
RFE Issued
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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