dismissed EB-2 (NIW)

Chief Executive Officer

IT Consulting Business · 2024-08-12

Decision Date
2024-08-12
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 be the chief executive officer and sole owner of an IT consulting business. This business will support small and medium-sized businesses with network infrastructure, cybersecurity, cloud computing, software provision, and disaster recovery. Additionally, the petitioner plans to provide IT training for individuals seeking to enter the IT job market.

Framework Evaluation

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

The proposed endeavor was found to have substantial merit, but it failed to demonstrate national importance. Its prospective impact was limited to direct clients and trainees, lacking broader implications within the IT field.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to demonstrate that the proposed endeavor has national importance, which is the second element of the first Dhanasar prong. While the endeavor was found to have substantial merit and relates to government-prioritized STEM fields and cybersecurity initiatives, the record did not establish that its prospective impact would extend beyond direct clients and trainees to have broader national or global implications within the IT field. USCIS declined to evaluate the remaining Dhanasar prongs or the underlying EB-2 classification due to this dispositive finding.

Evidence

Evidence Types
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: 2024-08-12.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 1

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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