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dismissed EB-2 (NIW) RFE Issued

Software Developer

IT (Information Technology) Field · 2024-07-15

Decision Date
2024-07-15
Location
Wyoming
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 hosting and digital marketing company in Wyoming focused on website creation and the strategic implementation of SEO technologies. The endeavor aims to provide customized marketing services to client companies to assist their development in the online environment.

Framework Evaluation

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

While the endeavor had substantial merit, it lacked evidence of national importance or substantial positive economic effects beyond the petitioner's clients.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not satisfy the first prong of the Dhanasar framework, failing to show the national importance of his specific endeavor. While the endeavor had substantial merit, the projected creation of 24 jobs over five years and an initial investment of $39,000 were deemed insufficient to demonstrate substantial positive economic effects or broader industry impact.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence regarding the national importance of the endeavor; the petitioner responded with an expert letter and business plan updates which were found insufficient.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Peer Reviewed Publications
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: 2024-07-15.

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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 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

Related Pages

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

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