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dismissed EB-2 (NIW) RFE Issued

IT Professional

Information Technology (IT) · 2025-03-21

Decision Date
2025-03-21
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 offer specialized IT consulting and training services to help businesses integrate new technologies, optimize their operations, and enhance their competitive edge. These services include IT assessment and planning, information security consulting, and IT training.

Framework Evaluation

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

The proposed endeavor was found to have substantial merit, but it did not demonstrate national importance. The economic impact and job creation were not deemed significant enough, and the services were not shown to be unique or to have broader implications.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of her proposed endeavor, thus not meeting the first prong of the Dhanasar framework. While the endeavor had substantial merit, the projected job creation (up to 10 individuals) and economic impact (net profit up to $100,307, taxes up to $176,390) were not considered significant enough for the IT industry. The services were not demonstrated to be unique or to have national/global implications. USCIS declined to evaluate the second and third Dhanasar prongs.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence, to which the Petitioner responded by submitting a business plan detailing her proposed IT consulting and training services. The response did not sufficiently address the national importance aspect of the endeavor.

Evidence

Evidence Types
Reference Letters Dependent
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: 2025-03-21.

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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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