dismissed EB-2 (NIW) RFE Issued

Systems Engineer

IT Field / Business Management IT Solutions / Software Engineering · Colombia · 2024-05-23

Decision Date
2024-05-23
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 provide affordable business management IT solutions (ERP/CRM) for small and medium-sized companies in the U.S. to strengthen their internal processes and efficiency. Additionally, he intends to implement Government Resource Planning (GRP) services in public administration institutions to improve transparency and resource management.

Framework Evaluation

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

The endeavor has substantial merit but lacks evidence of national importance or substantial positive economic effects.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his endeavor under the first Dhanasar prong. Although he has 40 years of experience and the work has substantial merit, the record did not demonstrate that the prospective impact would extend beyond his individual clients to provide substantial positive economic effects or broader industry implications.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested a detailed description of the endeavor to evaluate national importance. The petitioner responded with an updated personal statement, action plan, and additional testimonial letters.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
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: 2024-05-23.

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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 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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