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dismissed EB-2 (NIW) RFE Issued

Specialized Consulting Services

Technology, Media, And Telecom Sector · 2024-12-04

Decision Date
2024-12-04
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 intends to provide specialized consulting services in sales management, general management, and technical consulting to multinational and regional companies within the technology, media, and telecom sector. The endeavor focuses on assisting these companies with their telecommunications services.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

The Director determined the Petitioner established the substantial merit of the proposed endeavor, but not its national importance. The Petitioner failed to demonstrate how his specific consulting services would have a broader impact on the field or the U.S. economy beyond his direct clients, or provide concrete evidence of job creation or substantial positive economic effects.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of his proposed endeavor under the first prong of the Dhanasar framework. While substantial merit was acknowledged, the Petitioner did not provide sufficient evidence to show how his specific consulting services would have a broader impact on the telecommunications field or the U.S. economy beyond his direct clients, nor did he substantiate claims of job creation or substantial positive economic effects with evidence beyond speculation. Consequently, the second and third prongs were not evaluated.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence regarding the national importance of the proposed endeavor. The petitioner responded with general claims about economic benefits and job creation, but these were not supported by concrete evidence, leading to the RFE not being resolved satisfactorily.

RFE Targets
The proposed endeavor has both substantial merit and national importance

Evidence

Evidence Types
Reference Letters Dependent

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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: 2024-12-04.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 1

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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