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dismissed EB-2 (NIW)

Information Technology Service Business Owner And Provider, Country Manager

Information Technology Service Business Owner And Provider · Brazil · 2024-08-19

Decision Date
2024-08-19
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 establish and act as country manager for a U.S. company, a counterpart to a Brazilian company. This U.S. entity plans to provide cloud computing and IT services, including implementation, management, monitoring, support, financial management, resource optimization, security, performance improvement, and outsourcing, specifically targeting small and medium U.S. businesses.

Framework Evaluation

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

The endeavor was found to have substantial merit, but the petitioner failed to demonstrate national importance by showing an impact beyond prospective clients or broader implications for the IT industry.

2 The individual is well-positioned to advance their proposed endeavor Not Met

The petitioner was not found to be well-positioned due to a lack of specific evidence linking past achievements to the future endeavor, insufficient financial documentation for investments, and a lack of demonstrated interest from potential U.S. customers.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy the first two prongs of the Dhanasar framework. For Prong 1, while the endeavor had substantial merit, national importance was not demonstrated as the impact was not shown to extend beyond prospective clients or broader implications for the IT industry. For Prong 2, the petitioner was not deemed well-positioned due to a lack of specific evidence linking past success to the proposed U.S. endeavor, insufficient financial documentation for investments and company stability, and a lack of demonstrated interest from potential U.S. customers or investors. The petitioner submitted a five-year business plan with projected revenue, employment, salaries, and taxation figures, but these lacked supporting documentation or explanation.

Evidence

Evidence Types
Reference Letters Dependent
Commercial Success
Business Plan
Diploma
Transcripts
Work Experience
Resume
Customer Reviews
Service Agreements

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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: 2024-08-19.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 9

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 EB-2 (NIW) in Brazil All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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