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dismissed EB-2 (NIW) RFE Issued

An Individual Who Works In The Field Of Information Technology , Or IT, Majority Shareholder Of [ My Company] (US Subsidiary), Leader Of [The Company]

Information Technology , Or IT · 2024-10-29

Decision Date
2024-10-29
Location
United States
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 expand his software development company into the United States, making it a leading custom software manufacturing business and strengthening trade relations with Latin America and Europe. He also intends to complete and further develop software designed to gather data and contribute to workplace safety, initially for the Oil & Gas sector but applicable to all types of companies.

Framework Evaluation

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

While the proposed endeavor was found to have substantial merit, the petitioner failed to demonstrate its national importance. The evidence did not show how the company's operations, economic contributions, or impact on workforce shortages would rise to a national level.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy the first prong of the Dhanasar framework, specifically regarding the national importance of his proposed endeavor. USCIS found that the business plan's projections of employing 20 workers, generating $2,048,000 in sales, and paying $212,497 in payroll taxes by the fifth year were not supported by objective evidence to demonstrate a national economic impact. The petitioner also did not sufficiently explain how his company would address IT/STEM workforce shortages or how his 'knowledge transfer' activities would have a broader impact on STEM education or training at a national level. The evidence provided, including government initiatives and STEM importance, did not sufficiently explain how the petitioner's specific IT services company or its workplace safety software would have a national impact.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence and clarification regarding the national importance of the petitioner's proposed endeavor. The petitioner responded with a summary of his business goals and details about his software product, but these were deemed insufficient to establish national importance.

RFE Targets
The proposed endeavor has both substantial merit and national importance

Evidence

Evidence Types
Commercial Success
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: 2024-10-29.

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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 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

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