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IT Consulting Company Specializing In Providing Cybersecurity Services · 2024-10-01

Decision Date
2024-10-01
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 company specializing in providing cybersecurity services to various businesses. The endeavor aims to safeguard against data breaches and provide professional services within the cybersecurity field.

Framework Evaluation

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

The endeavor was found to have substantial merit, but national importance was not established as broader implications beyond direct client benefits or substantial economic impact were not shown.

2 The individual is well-positioned to advance their proposed endeavor Not Met

Despite acknowledging the petitioner's experience, the record did not establish that the petitioner was well-positioned to advance the proposed endeavor.

3 On balance, waiving the job offer requirement would benefit the United States Not Met

The petitioner did not establish that waiving the job offer requirement would benefit the United States, especially since labor shortages are addressed by the labor certification process.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish eligibility for a national interest waiver under the Dhanasar framework. Specifically, the proposed endeavor was found to have substantial merit but lacked national importance, as broader implications beyond direct client benefits or substantial economic impact were not demonstrated. The petitioner was also not deemed well-positioned to advance the endeavor, and it was not established that waiving the job offer requirement would benefit the U.S., as labor shortages are addressed by the labor certification process. The combined motion to reopen and reconsider did not overcome these deficiencies.

Evidence

Evidence Types
Reference Letters Dependent

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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: 2024-10-01.

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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

Related Pages

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