Visalytics
Visalytics
remanded EB-2 (NIW) RFE Issued

Entrepreneur In The Medical Device Industry

Medical Device Industry, Healthcare And Biotechnology · Brazil · 2022-10-06

Decision Date
2022-10-06
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 medical device industry, focusing on the cleaning and sterilization of medical equipment. He intends to develop hardware and software technologies for medical equipment analysis, patient monitoring, and computerized maintenance management systems utilizing artificial intelligence.

Framework Evaluation

1 of 3 criteria met
1 Well Positioned to Advance the Endeavor Met

The Director concluded the petitioner met this prong, though the decision lacked a detailed explanation.

2 Substantial Merit and National Importance Not Met

The Director found the evidence did not establish merit or national importance, but the AAO noted the analysis was insufficient.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Director concluded the petitioner did not establish that a waiver would be beneficial, but failed to adequately address the petitioner's arguments.

Why This Petition Was Remanded

The appeal was remanded because the Director failed to determine if the petitioner qualified for EB-2 classification as an advanced degree professional or individual of exceptional ability. Additionally, the Director's analysis of the Dhanasar prongs was deemed insufficient and failed to address evidence submitted at the time of filing versus post-filing changes.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE asked for more information on the merit and national importance of the endeavor. The petitioner responded by highlighting the formation of a new Florida-based company.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Original Contributions

Similar Cases

Entrepreneur

Healthcare

USCIS EB-2 (NIW) dismissed
2024-08-13
The Petitioner's endeavor is to act as an entrepreneur in the medical sales and marketing field; she intends to offer consulting services, training, and sales commissioning services. She aims to assist small- and medium-sized medical device manufacturers in expanding their products, particularly to Brazil.

Others

Healthcare · Brazil

USCIS EB-2 (NIW) rfe dismissed
Florida 2024-07-16
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.

Others

Healthcare · Philippines

USCIS EB-2 (NIW) rfe dismissed
United States 2024-06-17
The petitioner plans to work as an entrepreneur in the U.S. medical field, specifically within nursing homes or assisted living facilities. She intends to provide advice and consultation to U.S. healthcare institutions, train medical professionals, and advise companies venturing into the health field.

Others

Healthcare

USCIS EB-2 (NIW) rfe dismissed
Florida 2024-07-25
The petitioner proposes to create a medical digital platform implementing innovative technology systems for health service providers and patients. The platform aims to make healthcare more accessible through features like telemedicine, appointment scheduling, upfront cost transparency, and medical history management.

Frequently Asked Questions

A remanded EB-2 NIW petition means the case was sent back to the field office for further review. This happens when procedural errors are found or additional evidence should be considered. It is neither an approval nor a denial.

Browse More Cases

More remanded cases More Biotechnology cases More cases from Brazil

Case data sourced from publicly available petition decisions and case studies. Decision date: 2022-10-06.

Browse all cases

At a Glance

Outcome remanded
RFE Issued
Criteria Met 1 / 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 EB-2 (NIW) in Brazil All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist