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dismissed EB-2 (NIW) RFE Issued

Consulting Company

Health Care Industry · 2024-11-01

Decision Date
2024-11-01
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 operate her own consulting company focused on providing specialized technology services to the healthcare industry. Her company will offer strategic consulting services to help healthcare organizations develop and implement AI-driven strategies that align with their goals and objectives. Specifically, her company will focus on delivering innovative solutions and strategic insights, offering expert advice to healthcare entities eager to leverage AI for enhancing healthcare services, improving patient care, and boosting overall operational efficiency. Services will primarily include data management and AI solutions; strategic consultancy and professional training; and continuous support and partnership.

Framework Evaluation

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

USCIS found that while the endeavor had substantial merit, it did not establish national importance, as its impact was limited to prospective clients and lacked broader implications or substantial positive economic effects.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of her proposed endeavor under the first prong of the Dhanasar framework. USCIS found that her consulting company's operations would not result in broader implications beyond the benefits to her prospective clients and did not demonstrate significant potential to employ U.S. workers or offer substantial positive economic effects. The decision noted that while the field of AI in healthcare is important, the specific endeavor's impact was not shown to be commensurate with national importance, and evidence of investment interest did not establish broader impact. The petitioner also failed to demonstrate how her specific consulting company would directly address government initiatives on a level commensurate with national importance.

Request for Evidence (RFE)

Unsuccessfully Addressed

A Request for Evidence (RFE) was issued to allow the petitioner to supplement the record. The Director subsequently denied the petition, concluding that the RFE response did not establish the national importance of the endeavor under the first Dhanasar prong, specifically regarding broader implications and substantial positive economic effects.

RFE Targets
The proposed endeavor has both substantial merit and national importance

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions
Commercial Success
Awards
Conference Presentations
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: 2024-11-01.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 6

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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