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dismissed EB-2 (NIW) RFE Issued

Software Engineer

Privacy Consulting Business / Technology Consultancy Company · 2024-07-22

Decision Date
2024-07-22
Location
Texas
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 a privacy consulting business focused on distributed systems, data anonymization, and regulatory compliance. He also intends to create original software applications for large-scale enterprises and write a book to educate the public on data protection and privacy issues.

Framework Evaluation

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

The endeavor has substantial merit but the petitioner did not establish that the work would have a prospective impact commensurate with national importance.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor (Prong 1). While the business plan projected revenue and the employment of six people, this was not considered a substantial positive economic effect; additionally, expert letters and articles failed to show how his specific work would impact the field more broadly.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued an RFE regarding the national importance of the endeavor. The petitioner responded with a business plan and a work plan detailing software creation and a book.

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: 2024-07-22.

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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

Related Pages

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