Visalytics
Visalytics
dismissed EB-2 (NIW) RFE Issued

Laboratory Supervisor /Researcher

Bio-Pharmaceutical · 2025-02-05

Decision Date
2025-02-05
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 researching and developing new drugs for optimizing immune responses and treating immune-related diseases. This involves translational and clinical biomedical research, therapeutics discovery, and development.

Framework Evaluation

1 of 3 criteria met
1 Proposed endeavor has substantial merit and national importance Met

The Director determined that the Petitioner's proposed endeavor met requirements according to the first Dhanasar prong for substantial merit and national importance.

2 Petitioner is well-positioned to advance the proposed endeavor Not Met

The Director concluded that the Petitioner had not established that he was well-positioned to advance his proposed endeavor, citing insufficient evidence of a model or plan for future activities, interest from collaborators, funding, or a track record of success in developing new drugs.

3 On balance, it would benefit the US to waive the job offer and labor certification requirements Not Met

The Director determined that, on balance, the Petitioner had not met the third Dhanasar prong's requirements to show that it would be beneficial to the United States to waive the job offer and labor certification requirements.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to demonstrate eligibility for a national interest waiver under the second and third Dhanasar prongs. USCIS found insufficient evidence that the petitioner was well-positioned to advance the proposed endeavor, citing a lack of a clear plan for future activities, documented interest from collaborators, funding, or a track record of success in developing new drugs. The decision noted that while the petitioner had publications and conference participation, these did not sufficiently prove influence beyond adding to the general pool of knowledge or progress towards the specific proposed endeavor.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested additional evidence to demonstrate the petitioner was well-positioned to advance the proposed endeavor. The petitioner responded with a new letter and previously submitted evidence, arguing that academic achievements, peer recognition, and citations proved his position, but the response was deemed insufficient.

RFE Targets
Petitioner is well-positioned to advance the proposed endeavor

Evidence

Evidence Types
Peer Reviewed Publications
Citations
Awards
Reference Letters Independent
Conference Presentations

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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: 2025-02-05.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 3
Evidence Types 5

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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