dismissed EB-2 (NIW)
Oracle EBS Consultant
Oracle EBS Consultant · 2024-09-11
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, an Oracle EBS consultant, seeks to continue his work in the global IT services sector, focusing on enhancing logistical operations, spearheading major projects involving critical updates, system overhauls, and implementing comprehensive new systems.
Why This Petition Was Denied
The motion to reconsider was dismissed because the Petitioner failed to demonstrate that the prior decision was based on an incorrect application of law or policy. The Petitioner did not establish eligibility for EB-2 exceptional ability, meeting only two evidentiary criteria (academic record and 10 years of experience) but failing to show recognition for significant contributions to his industry or field. The evidence, including reference letters and professional service agreements, only demonstrated dedication and competence to employers and customers, not significant contributions to the field at large. The national interest waiver arguments were reserved as the underlying EB-2 eligibility was not met.
Evidence
Evidence Types
Reference Letters Dependent
Original Contributions
Similar Cases
Consultant
Information Technology
USCIS EB-2 (NIW) dismissed
2024-04-15
To serve as a functional consultant for Oracle E-Business Suite Supply Chain Management. The petitioner intends to develop customized systems using tools such as PLSQL, Oracle Forms, Oracle Reports, and XML Publisher to meet customer needs.
Consultant
Information Technology
USCIS EB-2 (NIW) rfe dismissed
2024-06-12
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.
Consultant
Information Technology
USCIS EB-2 (NIW) dismissed
unspecified location in the United States 2024-07-15
The petitioner proposes to establish an IT consulting services business to help U.S. businesses achieve optimization and effectiveness. The work focuses on providing customized solutions, establishing strong IT infrastructure, and facilitating digital transformation.
Chief Executive Officer (CEO)
Consulting
USCIS EB-2 (NIW) rfe dismissed
2024-11-21
The petitioner's proposed endeavor was initially described in the I-140 petition, but the Director determined that the petitioner made a material change to it in response to a Request for Evidence (RFE). The original and modified details are not fully elaborated, but it relates to her work as CEO of her consulting company.
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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-09-11.
Browse all casesAt a Glance
Outcome dismissed
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
Get Case Insights
Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.
Join Waitlist