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dismissed EB-2 (NIW)

Telecommunications Engineer

Telecommunications Engineer · 2024-11-04

Decision Date
2024-11-04
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 launch and develop a U.S.-based company offering consulting and training services for high-speed internet infrastructure and technology deployment. The company aims to increase internet coverage in underserved areas, improve data security, advise on network administration, and provide training in new wireless technologies. It also seeks to contribute to the country's economy, society, and American citizens' lives.

Framework Evaluation

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

The petitioner failed to demonstrate that his specific endeavor, a Florida-based consulting business, would have a significant potential to employ U.S. workers or substantially impact the national or regional economy, or benefit an economically depressed area, beyond generalized claims.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy the first Dhanasar prong, 'substantial merit and national importance.' The Director and AAO found that while the industry itself has merit, the petitioner did not provide sufficient evidence or specific details to demonstrate that his proposed Florida-based consulting business would have a significant potential to employ U.S. workers or substantially impact the national or regional economy, or benefit an economically depressed area. The decision reserved evaluation of Dhanasar's second and third prongs.

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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: 2024-11-04.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3

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

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