dismissed EB-2 (NIW)
Chief Executive
IT Consulting Sector · 2024-08-16
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 work as a consultant through his own U.S. company to develop IT teams and systems aimed at improving business productivity and streamlining operations. The venture involves expanding his IT consulting firm with planned headquarters in Florida and business units in Georgia and Texas.
Framework Evaluation
0 of 3 criteria met1 Substantial Merit and National Importance Partially Met
The endeavor has substantial merit but the petitioner failed to demonstrate its national importance or broader implications for the field.
Why This Petition Was Denied
The appeal was dismissed because the petitioner did not satisfy the national importance requirement of the first Dhanasar prong. Although the business plan projected 36 jobs, $5.44 million in wages, and $13.9 million in revenue over five years, these figures were not found to reach the level of substantial positive economic effects commensurate with national importance.
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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-08-16.
Browse all casesAt 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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