dismissed EB-2 (NIW)

Information Technology Entrepreneur

Information Technology · 2024-07-05

Decision Date
2024-07-05
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 form an IT consulting firm to provide medium-sized to large enterprises with comprehensive IT management and governance solutions. This includes cybersecurity services, IT strategy assessments, IT governance policies, project management methodologies, and IT portfolio management.

Framework Evaluation

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

The petitioner failed to demonstrate that the proposed endeavor's benefits would rise to the level of national importance or have broader implications for the field.

Why This Petition Was Denied

The motion was dismissed because the petitioner failed to establish that the prior decision was based on an incorrect application of law or policy. Specifically, the evidence did not show how the proposed endeavor would broadly implicate the field of cybersecurity or IT governance beyond the specific clients served, failing the national importance requirement of the first Dhanasar prong.

Evidence

Evidence Types
Professional Memberships
Reference Letters Dependent
Business Plan
Academic Records
Resume

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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: 2024-07-05.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 5

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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