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dismissed EB-2 (NIW)

Biomedical Systems Technician

Clinical Engineering And Biomedical Systems And Equipment Services · 2025-03-03

Decision Date
2025-03-03
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 and operate a company specializing in clinical engineering and biomedical systems and equipment services for hospitals, clinics, and laboratories. This includes offering upkeep, repair, and calibration services for medical gear, leasing quality medical tools, and training healthcare personnel on the safe and efficient use of medical equipment.

Framework Evaluation

0 of 3 criteria met
1 Whether the proposed endeavor has substantial merit and national importance. Not Met

The petitioner failed to demonstrate that the proposed endeavor had national importance, as there was insufficient evidence to show how the business would impact the industry or the U.S. economy more broadly beyond prospective clients.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy the first prong of the Dhanasar framework, which requires demonstrating the national importance of the proposed endeavor. The Director found, and the AAO affirmed, that the petitioner did not provide sufficient evidence regarding the projected U.S. economic impact or job creation directly attributable to his future work to reach the level of 'substantial positive economic effects' contemplated by Dhanasar. The Director did not evaluate the second and third Dhanasar prongs as the first was not met.

Evidence

Evidence Types
Personal Statements
Business Plans
Job Experience And Skills Documentation
Economic Impact Claims

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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: 2025-03-03.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 4

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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