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dismissed EB-2 (NIW) RFE Issued

Expertise In Automation, Cloud Computing, And Software Development

Information Technology · 2024-01-22

Decision Date
2024-01-22
Location
Texas
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 develop and implement a server infrastructure using free hardware and software IoT technology powered by solar energy. The goal is to provide low-cost cloud services, training, and digital tools like commercial websites and process automation to small business owners in the Hispanic community.

Framework Evaluation

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

The endeavor has substantial merit but the petitioner failed to show it has national importance or significant potential for economic impact.

2 Well-positioned to Advance the Endeavor Not Met

The Director found this prong unmet, and the AAO declined to reach a final conclusion as the first prong was already failed.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Director found this prong unmet, and the AAO declined to reach a final conclusion as the first prong was already failed.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor under the first Dhanasar prong. The evidence provided was either generalized to the industry, contained pixelated signatures and typographical errors that undermined its reliability, or constituted material changes to the endeavor (such as the intent to publish technical specs) that occurred after the filing date.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE sought to address deficiencies in all three Dhanasar prongs. The petitioner responded with new statements and letters of interest dated after the filing.

RFE Targets
Substantial Merit and National ImportanceWell-positioned to Advance the EndeavorOn Balance, Beneficial to Waive Job Offer

Evidence

Evidence Types
Media Coverage
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: 2024-01-22.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 2

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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