dismissed EB-2 (NIW) RFE Issued

Information Technology Consultant

Information Technology Services, Software Development And Tracking Technologies Consulting · 2024-05-22

Decision Date
2024-05-22
Location
Not stated
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 software development and tracking technologies consulting company focusing on the transportation and logistics sectors. The endeavor aims to provide tracking technology solutions to improve operational costs and develop new specialized IT solutions and systems.

Framework Evaluation

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

The endeavor has substantial merit but lacks evidence of national importance or broader implications for the industry.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor (Prong 1). While the business plan projected 101 employees and $7.2 million in revenue by year five, the petitioner did not provide evidence supporting the need for these employees or explain how revenue forecasts were calculated.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE targeted the national importance of the endeavor. The petitioner responded with industry reports and articles about IT and trucking shortages.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Media Coverage
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: 2024-05-22.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 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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