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dismissed EB-2 (NIW)

Information Technology Entrepreneur

Information Technology · 2024-11-04

Decision Date
2024-11-04
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's proposed endeavor was to establish a startup information technology (IT) consulting firm in the United States to provide for U.S. businesses' cybersecurity services, assess current IT strategies, define an IT governance policy and framework and project management methodologies, and manage implementation of IT projects.

Framework Evaluation

0 of 3 criteria met
1 Proposed endeavor has substantial merit and national importance Not Met

The petitioner established the substantial merit of the proposed endeavor but failed to establish its national importance.

2 Petitioner is well-positioned to advance the endeavor Not Met

This prong was not evaluated as the first prong was dispositive of the appeal.

3 On balance, it would benefit the US to waive the job offer and labor certification requirements Not Met

This prong was not evaluated as the first prong was dispositive of the appeal.

Why This Petition Was Denied

The motions to reopen and reconsider were dismissed because the petitioner failed to establish the national importance of his initially proposed endeavor under the first prong of the Dhanasar framework. The petitioner did not provide new facts or evidence relevant to the national importance of running an IT consulting firm, and attempts to materially change the proposed endeavor were not considered.

Evidence

Evidence Types
Professional Memberships
Original Contributions

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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: 2024-11-04.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

Related Pages

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

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