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dismissed EB-2 (NIW) RFE Issued

Software Developer And Information Technology Professional

Software Development And Information Technology Professional · 2024-07-02

Decision Date
2024-07-02
Location
New York
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 form a limited liability company in New York to provide technological solutions for the interior design industry, including digital consulting, 3D visualization, virtual reality tours, and design implementation support. The endeavor aims to serve individual homeowners, small businesses, and large corporations using custom software and mobile applications.

Framework Evaluation

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

The endeavor has substantial merit but lacks national importance as it does not demonstrate broader implications or significant economic impact.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not establish the national importance of the endeavor; projected employment of only six people and a net income of $350,630 by the fifth year were not considered to have a substantial positive economic effect. Furthermore, the petitioner relied on evidence created after the filing date (July 2023 vs March 2023), and expert letters failed to address the specific impact of the proposed work beyond individual clients.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE sought to establish the national importance of the endeavor. The petitioner provided a business plan and support letters, but much of the evidence was created after the filing date.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Media Coverage

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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: 2024-07-02.

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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

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

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