dismissed EB-2 (NIW)

Chief Executive Officer

Software Development / Trucking And Logistics · 2024-01-10

Decision Date
2024-01-10
Location
Florida
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 serve as the CEO of a software development company in Florida providing cloud-based transport management systems and IT consultations to operators in the trucking and logistics industries throughout the United States.

Framework Evaluation

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

While the endeavor has substantial merit, it lacks national importance because its prospective impact is limited to the petitioner's clients and does not offer substantial economic benefits.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy the first prong of the Dhanasar framework. Specifically, the evidence did not show that the endeavor had national importance. The impact was limited to the company's own clients rather than the industry at large, and the projected revenue of $300,000 over five years was deemed insufficient and unsupported to establish substantial positive economic effects.

Evidence

Evidence Types
Business Plan
Expert Letter

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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: 2024-01-10.

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At a Glance

Outcome dismissed
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

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