dismissed EB-2 (NIW) RFE Issued

Bioanalyst, High School Teacher, Entrepreneur, Biological Technician, Bioscience Expert And Consultant

Bioanalysis, Natural Sciences, Biology, Medical Laboratory Technicians, Medical Laboratory Scientists, STEM Education ยท 2024-08-07

Decision Date
2024-08-07
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 work as a bioscience expert and consultant, improving recruiting, education, and training programs in bioanalysis, natural sciences, and biology. This includes creating a consulting company to offer specialized services like curriculum development, teacher training, science program evaluation, and advisory services to medical laboratories and educational institutions, while also popularizing STEM among younger populations.

Framework Evaluation

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

The Petitioner did not sufficiently demonstrate the national importance of her proposed endeavor, failing to show how her specialized consulting and educational services would extend beyond specific clientele or have national implications in the medical laboratory professional field or STEM education.

2 The individual is well positioned to advance their proposed endeavor Not Met

The Petitioner is not well-positioned to advance her proposed endeavor, lacking a record of success in starting an education-based consulting service, formal education or experience in curriculum development at collegiate/graduate levels, and insufficient evidence of progress or interest from potential customers/investors.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish that her proposed endeavor was nationally important (Dhanasar Prong 1) and that she was well-positioned to advance it (Dhanasar Prong 2). USCIS found insufficient evidence that her consulting services would have national implications or significant economic effects, and noted her lack of experience in business, curriculum development at higher education levels, and progress in establishing her company or securing funding/clients.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested clarification on the proposed endeavor and additional evidence to establish national importance and the petitioner's position to advance the endeavor. The petitioner responded with an updated Form I-140, a business plan, and articles, but the response was deemed insufficient to address the concerns.

RFE Targets
The proposed endeavor has both substantial merit and national importanceThe individual is well positioned to advance their proposed endeavor

Evidence

Evidence Types
Reference Letters Independent
Articles Or Publications About Endeavor
Business Plan
Expert Opinion Letters
Form I 140

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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: 2024-08-07.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 5

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,814
Success Rate 53.6%
Sustained 2,046
Dismissed 1,672

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