dismissed EB-2 (NIW) RFE Issued

Entrepreneur In The Field Of Healthcare

Healthcare · Brazil · 2024-07-16

Decision Date
2024-07-16
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 work as an entrepreneur in the healthcare field through an organization named B-LLC, specializing in health care advice and preventative health follow-up services. The endeavor aims to provide orientation and referrals to necessary professionals for individuals and companies with specific medical needs across the United States.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

The petitioner's plans were considered too vague to discern the actual nature of the endeavor and failed to show how stated goals would be accomplished.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the substantial merit of the proposed endeavor, as the plans were vaguely described and lacked specific details on how goals would be achieved. Furthermore, the petitioner's voluntary dissolution of the business entity (B-LLC) during the petition process undermined the credibility and viability of the endeavor. Although the petitioner qualified as an advanced degree professional (M.D. equivalent), he failed the first prong of the Dhanasar framework.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued an RFE noting the voluntary dissolution of the petitioner's business entity; the petitioner responded by revoking the dissolution.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Media Coverage
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: 2024-07-16.

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At a Glance

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

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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