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dismissed EB-2 (NIW)

Biomedical Scientist And Clinical Pathology Technician

Biomedical Scientist And Clinical Pathology Technician · 2025-02-27

Decision Date
2025-02-27
Location
Alabama
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 establish a company in Alabama that will offer specialized biomedical analysis, laboratory management services, and advanced training programs. This company aims to cater to healthcare providers, hospitals, research institutions, and individual patients seeking high-quality diagnostic services.

Framework Evaluation

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

The Director determined the proposed endeavor had substantial merit, but the petitioner failed to establish national importance by not demonstrating how the company's impact would extend beyond individual clients or partners to broadly affect the field or economy at a national level.

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

USCIS declined to reach a determination on this prong, as the failure to meet the first prong was dispositive of the appeal.

3 On balance, waiving the job offer requirement would benefit the United States Not Met

USCIS declined to reach a determination on this prong, as the failure to meet the first prong was dispositive of the appeal.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of her proposed endeavor, thus not meeting the first prong of the Dhanasar framework. Despite projections of employing 9 people initially and 28 in five years, and a net profit increasing to $1,436,718 in the fifth year, USCIS found insufficient evidence that these impacts, or the proposed collaborations and technological advancements, would extend beyond individual clients or partners to broadly impact the field or economy at a national level. USCIS declined to evaluate the second and third Dhanasar prongs.

Evidence

Evidence Types
Reference Letters Independent
Commercial Success

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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: 2025-02-27.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 2

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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