dismissed EB-2 (NIW)

Entrepreneur

Medical Sales And Marketing Field · 2024-08-13

Decision Date
2024-08-13
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'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.

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 proposed endeavor had substantial merit, its national importance was not demonstrated, as it lacked broader implications beyond the petitioner's direct clients and did not contribute to human knowledge or scientific advancements.

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. While the endeavor had substantial merit, it lacked broader implications beyond prospective clients and did not demonstrate contributions to human knowledge or scientific advancements. The economic arguments regarding job creation and reduced healthcare costs were not supported by particularized evidence of national impact.

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions
Commercial Success
Business Plan
Academic Credentials
Prior Work Experience
Letters Of Intent

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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: 2024-08-13.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 7

EB-2 (NIW) Case Data

Scraped Case Data

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

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