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dismissed EB-2 (NIW) RFE Issued

Computer Systems Engineer

Information Technology Services · 2024-05-02

Decision Date
2024-05-02
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 serve as an individual consultant providing comprehensive information technology services to companies in the United States. The work involves the development, implementation, and ongoing maintenance of entire information technology infrastructures to support client profitability and productivity.

Framework Evaluation

0 of 3 criteria met
1 Well Positioned to Advance the Proposed Endeavor Not Met

The petitioner failed to show interest from potential customers or provide a sufficiently detailed plan for her consultancy business beyond a summary of qualifications.

Why This Petition Was Denied

The appeal was dismissed primarily because the petitioner did not satisfy Dhanasar's second prong; she failed to provide a detailed business plan, evidence of interest from potential customers, or specific examples of how her past work influenced the field. Furthermore, the AAO found that her experience letters lacked specific descriptions of duties, failing to meet the regulatory requirements for EB-2 advanced degree professional status.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to show the petitioner was well-positioned; she responded with a personal plan and letters, but these were deemed insufficient or conclusory.

RFE Targets
Well Positioned to Advance the Proposed Endeavor

Evidence

Evidence Types
Reference Letters Dependent
Professional Memberships
Judging Experience
Peer Reviewed Publications

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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: 2024-05-02.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 4

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

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