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dismissed EB-2 (NIW)

Entrepreneur

Ergonomic And Physiotherapeutic Mattress And Therapeutic-Related Products Company · 2024-09-19

Decision Date
2024-09-19
Location
Florida
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 direct the operations of an ergonomic and physiotherapeutic mattress and therapeutic-related products company in Florida. This company will function as an online store selling mattresses with vibro-massage, anatomical mats with heating and vibro-massage, and vibrating pillows with infrared heating, imported from Brazil and exported from the US. The goal is to provide affordable products to American citizens and residents experiencing back, spinal, and muscular pain, contributing to the treatment of comorbid conditions, rehabilitation of war-injured soldiers, and reduction of work-related injuries.

Framework Evaluation

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

USCIS agreed the proposed endeavor had substantial merit as it falls within the range of health-related areas. However, the petitioner failed to demonstrate national importance, as the evidence did not show a significant potential to employ U.S. workers or other substantial positive economic effects directly attributable to her specific endeavor.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the first Dhanasar prong, substantial merit and national importance. While the endeavor was deemed to have substantial merit (health), the Petitioner did not demonstrate national importance. The business plan's projected sales of $1,221,797 and 20 employees by the fifth year lacked explanation for their origins and calculation. Broad statements about market growth and potential economic effects were not directly attributable to her specific endeavor. The Petitioner did not provide evidence of employing a significant population of workers, operating in an economically depressed area, or offering substantial economic benefit through employment levels, business activity, or tax revenue. Conclusory statements about aligning with federal health initiatives or advancing STEM fields lacked sufficient evidence of specific impact beyond her business operations.

Evidence

Evidence Types
Commercial Success
Government Alignment

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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: 2024-09-19.

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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 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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