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dismissed EB-2 (NIW) RFE Issued

Electromedical Engineer Or Technician

Maintain And Repair Medical Equipment · 2024-05-16

Decision Date
2024-05-16
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 intends to own and operate a company that will maintain and repair medical equipment in the United States. The endeavor aims to provide experienced leadership in the sterilization area and technical services for medical devices.

Framework Evaluation

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

The endeavor has substantial merit but lacks evidence of national importance or broader impact on the U.S. economy.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish he qualifies as an advanced degree professional, lacking five years of progressive post-baccalaureate experience. Additionally, the endeavor failed Prong 1 of Dhanasar as the business plan lacked specific data on job creation and revenue to demonstrate national importance.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE addressed the deficiency in the Petitioner's five years of progressive experience and the prospective impact of the endeavor. The Petitioner submitted employment letters and a business plan in response.

RFE Targets
eb2 qualificationSubstantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent

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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: 2024-05-16.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

Related Pages

EB-2 (NIW) Overview All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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