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dismissed EB-2 (NIW) RFE Issued

Information Systems Expert

IT Consulting ยท 2024-06-12

Decision Date
2024-06-12
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 establish an IT consulting business in the United States focusing on providing development, professional training, and consulting services to small and medium-sized companies, NGOs, and government entities. The work involves designing, developing, and maintaining computer networks, as well as providing cybersecurity consultancy and disaster recovery plans.

Framework Evaluation

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

The record lacked specific details to demonstrate the endeavor's national importance or substantial positive economic effects.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not qualify as an advanced degree professional, as his three-year degree was not equivalent to a U.S. baccalaureate and he failed to prove five years of progressive experience. Additionally, the proposed endeavor did not meet Prong 1 of the Dhanasar framework because it lacked evidence of national importance or significant potential for job creation and economic impact.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence of progressive experience for EB-2 qualification and further support for the national interest waiver; the petitioner provided employment letters that did not satisfy the requirements.

RFE Targets
Substantial Merit and National Importance

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: 2024-06-12.

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At a Glance

Outcome dismissed
RFE Issued
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

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

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