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dismissed EB-2 (NIW) RFE Issued

Business Intelligence Analyst

Information Technology Sector ยท 2024-05-28

Decision Date
2024-05-28
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 be an entrepreneur and develop an information technology consulting firm. The endeavor focuses on providing business intelligence and IT consulting services.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

The endeavor was found to have substantial merit but lacked evidence of national importance.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the proposed endeavor under the first Dhanasar prong. Additionally, the petitioner's appeal brief was found to be a duplicate of previous submissions that did not specifically address or refute the Director's legal and factual conclusions. The petitioner holds two master's degrees and over a decade of experience, but these qualifications did not overcome the lack of evidence regarding the endeavor's prospective impact.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to establish the national importance of the proposed IT consulting firm. The petitioner provided a response that the Director and AAO found insufficient to meet the burden of proof.

RFE Targets
Substantial Merit and National Importance

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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: 2024-05-28.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3

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

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