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dismissed EB-2 (NIW) RFE Issued

Chief Executive Officer (CEO)

Medical Device Manufacturing Industry · Brazil · 2025-01-30

Decision Date
2025-01-30
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 serve as the CEO of a consulting firm providing comprehensive services to U.S. medical device manufacturers to expand their export-based activities. The endeavor involves establishing integrated sales strategies, operations, and investments to open international markets, specifically targeting Brazil, Latin America, and Asia. The work focuses on managing administrative and commercial aspects of exports and navigating complex foreign regulatory requirements.

Framework Evaluation

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

The endeavor has substantial merit but lacks national importance as its impact is limited to private clients and lacks substantiated broad economic or industry-wide effects.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor (Prong 1). Although the petitioner provided a five-year business plan and recommendation letters, the evidence did not show broader implications for the industry or a significant potential for U.S. job creation. The AAO found the projected economic benefits were unsubstantiated and the impact was limited to individual clients rather than the national economy.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE addressed concerns that the petitioner relied on general assertions to establish national importance. The petitioner argued on appeal that he was not specifically told how to address these concerns, but failed to provide new evidence.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
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: 2025-01-30.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 2

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

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