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dismissed EB-2 (NIW) RFE Issued

Computer Systems Consultant And Entrepreneur

IT Consulting · Brazil · 2023-09-26

Decision Date
2023-09-26
Location
Florida
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 operate an IT consulting firm focusing on virtualization and cloud mapping, specifically deploying Citrix and Microsoft strategies. The endeavor aims to assist U.S. companies in defining tech strategies, creating transformation roadmaps, and enhancing remote work experiences.

Framework Evaluation

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

While the endeavor had substantial merit, it lacked evidence of national importance or significant potential for economic impact.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not establish the national importance of the proposed endeavor (Prong 1). The record contained discrepancies regarding whether he would run his own company or seek direct employment, and his business plan's projections of $3.6 million in revenue and 25 jobs were deemed insufficient to demonstrate a national-level impact.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested more detail on the proposed endeavor; the petitioner provided a new plan that created uncertainty about his specific business model.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
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: 2023-09-26.

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

Related Pages

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

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