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dismissed EB-2 (NIW) RFE Issued

Electronics Engineer

Biomedical Engineering · Venezuela · 2023-10-20

Decision Date
2023-10-20
Location
United States
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 develop and distribute a smartphone application designed to assist individuals with cognitive or neurological disabilities. The app aims to help users schedule medical appointments, fill prescriptions, track medical records, and access essential therapy and educational services.

Framework Evaluation

1 of 3 criteria met
1 Substantial Merit and National Importance Met

The endeavor to create an app for disabled individuals was found to have national importance due to its potential to enhance societal welfare.

2 Well Positioned to Advance the Endeavor Not Met

The petitioner lacked relevant experience in app development and business management, and provided evidence that post-dated the filing.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner did not satisfy the second Dhanasar prong. While he has a bachelor's degree in electronics engineering and experience in medical equipment maintenance, he failed to demonstrate a record of success or specific expertise in app development or business management at the time of filing. Furthermore, much of the evidence regarding funding and customer interest was dated after the initial filing in August 2022.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE asked for evidence of national importance and the petitioner's ability to advance the endeavor. The petitioner responded with a revised business plan and letters from local facilities.

RFE Targets
Substantial Merit and National ImportanceWell Positioned to Advance the Endeavor

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: 2023-10-20.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 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

Related Pages

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

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