dismissed EB-2 (NIW)
Entrepreneur And Information Technology Manager
Information Technology · 2024-10-31
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 provide valuable business consulting and tracking technology services, with an intention to address a driver shortage.
Framework Evaluation
0 of 3 criteria met1 Proposed endeavor has substantial merit and national importance Not Met
The petitioner's proposed endeavor to provide business consulting and tracking technology services was not shown to sufficiently extend beyond their company and its clientele, nor to significantly impact claimed national shortages.
Why This Petition Was Denied
The Director denied the petition because the petitioner did not establish that a waiver of the required job offer and labor certification would be in the national interest. The AAO dismissed the subsequent appeal, concluding the petitioner had not shown their proposed endeavor would sufficiently extend beyond their company and its clientele, nor would it significantly reduce claimed national shortages. The decision also noted that shortages of qualified workers are addressed by the labor certification process, not the national interest waiver. The motion to reconsider was dismissed because the petitioner did not establish that the previous decision was based on an incorrect application of law or policy.
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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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-10-31.
Browse all casesAt a Glance
Outcome dismissed
Criteria Met 0 / 3
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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