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dismissed EB-2 (NIW) RFE Issued

IT Professional

IT Technology Sector · 2024-07-26

Decision Date
2024-07-26
Location
Delaware
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 launch and manage a specialized IT consultancy firm in Delaware focusing on human-computer interaction (HCI), user experience design (UX), and user interface design (UI). The endeavor also includes providing specialized training for designers and offering custom software solutions to small and medium-sized companies.

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 broader implications beyond the petitioner's specific clients.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of the proposed endeavor under the first Dhanasar prong. The evidence did not show that the IT consulting and training services would have broader implications for the field or significant potential for job creation and economic impact commensurate with national importance.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director asked for more evidence of the endeavor's potential prospective impact; the petitioner provided a business plan and STEM list, but it did not sufficiently show broader industry impact.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Media Coverage
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: 2024-07-26.

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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 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

Related Pages

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

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