Computer Hardware And Firmware, Integration Software, Artificial Intelligence (AI) And Advanced Video Analytics, Streaming Video, Cloud, Computer System Design Operations, Management, Scientific And Technical Consulting Services, Investigative And Security Services ยท 2025-03-25
Decision Date
2025-03-25
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 invest in a New Commercial Enterprise (NCE) that will loan funds to a Job Creating Entity (JCE) to develop and operate a state-of-the-art Unified Cyber Security Center. This project involves developing new hardware and firmware products, integration software, and building a Global Security Operations Center (GSOC) to monitor, track, and remediate security threats, utilizing AI and advanced video analytics.
Why This Petition Was Denied
The appeal was dismissed because the Petitioner failed to provide a comprehensive and credible business plan demonstrating the creation of at least 120 full-time jobs (10 jobs for each of 12 investors) within two years. The 2020 business plan was deemed insufficient as it did not specify the required EB-5 funding amount, how funds were spent, or how a lower $6 million investment would affect expenditures. Furthermore, the projected revenue and job creation figures (800.3 jobs between fiscal years 2021 and 2024) were not supported by actual revenue figures ($1.8 million in FY2021 vs. $2.5 million projected; $3.7 million total through FY2023 vs. $14.5 million projected in FY2024) and actual job creation (76 jobs through FY2023 vs. 800.3 projected).
Request for Evidence (RFE)
Unsuccessfully Addressed
An RFE was issued in March 2021, prompting the petitioner to submit a new business plan (2020) and a summary detailing new partnerships and a shift in the project's focus due to changing circumstances and financial problems with initial partners. The RFE response was not successful in addressing the job creation requirements.
The petitioner proposes a business venture offering consulting services related to Hyperconvergence infrastructure (HCI) systems, aiming to help U.S. companies plan and deploy server infrastructure, storage, data protection, and operating systems. The company will provide full IT consulting, outsourcing, training, and assessment services, and also offer a range of IT courses.
The Beneficiary proposes to define project requirements and collaborate with customers and partners to set the direction for the Petitioner's platform, focusing on how data is handled, protected, managed, and activated at a large scale. This involves advancing AI and ML technologies to safeguard digital spaces and protect users from cybercrimes on platforms, particularly within gaming and streaming services.
The petitioner proposes to operate a Florida-based company as a computer network architect and entrepreneur, aiming to empower businesses with state-of-the-art AI and IT solutions, transforming industries and driving sustainable growth. This involves expanding and progressing his own consulting company.
The petitioner proposes to expand his software development company into the United States, making it a leading custom software manufacturing business and strengthening trade relations with Latin America and Europe. He also intends to complete and further develop software designed to gather data and contribute to workplace safety, initially for the Oil & Gas sector but applicable to all types of companies.
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.
