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dismissed EB-2 (NIW) RFE Issued

Information Technology Consultant / Business Owner

Information Technology Network Management / Information Security · 2024-07-10

Decision Date
2024-07-10
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 consulting company providing end-to-end digital transformation services, including cloud infrastructure, network architecture, and cybersecurity, specifically targeting small and medium-sized businesses in Florida. The work aims to help these businesses implement higher technology solutions to remain competitive.

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 sufficiently extend beyond the organization's clients to impact the industry broadly.

Why This Petition Was Denied

The petitioner failed to establish eligibility for the EB-2 classification because his 2.5-year program did not equate to a U.S. baccalaureate degree. Furthermore, the endeavor lacked national importance as the projected creation of 32 jobs and $1.7 million in taxes were not shown to have substantial positive economic effects regionally or nationally.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to satisfy all three prongs of the Dhanasar framework. The petitioner responded with a business plan and an expert opinion letter.

RFE Targets
Substantial Merit and National Importanceprong 2prong 3

Evidence

Evidence Types
Reference Letters Dependent
Government Alignment

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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: 2024-07-10.

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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

Related Pages

EB-2 (NIW) Overview All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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