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dismissed EB-2 (NIW)

Entrepreneur

Information Technology ยท 2024-09-17

Decision Date
2024-09-17
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 build a company providing education and consulting services related to technology and business practices. This includes preparatory courses, training programs, seminars, workshops, and expert counsel, guidance, and strategic assistance to attain business objectives. Services will be provided both in-person and online, with an emphasis on cultivating a workplace culture conducive to professional development and empowering employees to augment their proficiencies in technology, digitization, and business practices.

Framework Evaluation

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

The Petitioner did not provide sufficient evidence to demonstrate that the proposed education and consulting services have broader implications beyond specific clientele or offer original innovations to advance the IT field or IT education. General assertions and unsupported financial projections were deemed insufficient to establish national importance or substantial positive economic effects.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to demonstrate that the proposed endeavor had substantial merit and national importance under the first Dhanasar prong. The AAO found the evidence insufficient to show broader implications beyond specific clientele or original innovations in the IT field or IT education. General assertions and unsupported projections for job creation (49 jobs by year five) and revenue were not enough to establish national importance or substantial positive economic effects. The AAO declined to rule on the other two prongs as the failure of the first prong was dispositive.

Evidence

Evidence Types
Reference Letters Dependent
Business Plan

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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: 2024-09-17.

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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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