An Individual Who Works In The Field Of Information Technology
Information Technology, Or IT · 2024-10-29
Decision Date
2024-10-29
Location
Texas
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 a business venture offering consulting services related to Hyperconvergence infrastructure (HCI) systems, aiming to help U.S. companies plan and deploy server infrastructure, storage, data protection, and operating systems. The company will provide full IT consulting, outsourcing, training, and assessment services, and also offer a range of IT courses.
Framework Evaluation
0 of 3 criteria met
1The proposed endeavor has both substantial merit and national importanceNot Met
While the endeavor was found to have substantial merit, the petitioner failed to demonstrate its national importance, as the evidence did not show a national-scale impact beyond general IT services or substantial positive economic effects as contemplated by Dhanasar.
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 the proposed endeavor. USCIS found that the petitioner did not demonstrate how their IT consulting company, despite projected employment of 38 workers, $524,453 in payroll taxes, and $989,544 net income by its fifth year, would have a national-scale impact or offer substantial positive economic effects beyond being one of many IT consultancy companies. The RIMS II analysis and claims about addressing IT talent shortages or youth unemployment were deemed insufficient to prove national importance.
Request for Evidence (RFE)
Unsuccessfully Addressed
The RFE requested further evidence regarding the national importance of the proposed endeavor. The petitioner responded by asserting that the national interest is served by those who solve problems nationwide, but failed to provide specific innovative ideas or approaches for their company.
RFE Targets
The proposed endeavor has both substantial merit and national importance
The petitioner proposes to develop an IT infrastructure and database consulting and outsourcing services firm. This firm will provide on-premises server administration outsourcing, data backup and recovery, IT help desk and user support outsourcing, technical support for cloud outsourcing, and network design and configuration outsourcing.
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.
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.
The petitioner proposes to work in information technology, starting his own company in Florida to provide a comprehensive range of consultancy services for allowing Internet Service Providers (ISPs) to deliver highly secure, expandable, value-added voice, video, and data services.
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.
