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dismissed EB-2 (NIW) RFE Issued

Software Developer/Entrepreneur

IT (Information Technology) / An IT Consulting Services Firm · 2024-04-15

Decision Date
2024-04-15
Location
Tennessee
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 services firm focusing on system integration services, cloud infrastructure, and application development. The endeavor aims to help clients build, tailor, and modernize applications to enhance business efficiency and productivity.

Framework Evaluation

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

The endeavor was found to have substantial merit but lacked evidence of national importance or broader implications for the field.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not establish the national importance of his endeavor; specifically, he failed to show how his work would have broader implications beyond his specific clients. While he projected $7,906,000 in revenue and the creation of 39 direct and 163 indirect jobs, the record lacked sufficient detail to substantiate these claims or show a substantial economic impact.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to satisfy all three prongs of the Dhanasar framework; the petitioner responded with a business plan and financial documents, but the Director found them insufficient.

RFE Targets
Substantial Merit and National Importanceprong 2prong 3

Evidence

Evidence Types
Reference Letters Dependent
Awards
Professional Memberships

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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: 2024-04-15.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 3

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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