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dismissed EB-2 (NIW)

Medical Technologist

Medical Technology · 2024-09-30

Decision Date
2024-09-30
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 assess the accuracy and reliability of diagnostic testing devices for infectious diseases. This involves developing and implementing quality control systems, protocols, and methods to ensure the precision of medical testing devices.

Framework Evaluation

0 of 3 criteria met
1 Proposed endeavor has substantial merit and national importance Not Met

The Petitioner did not establish the national importance of his proposed endeavor, as the evidence related to the general field of diagnostic testing rather than the broader implications of his specific work.

Why This Petition Was Denied

The motion to reconsider was dismissed because the Petitioner failed to establish that the prior decision was based on an incorrect application of law or policy. USCIS found that the Petitioner did not meet the first Dhanasar prong, as the evidence presented related to the general importance of the diagnostic testing field rather than the broader implications and national importance of the Petitioner's specific endeavor. There was insufficient information regarding projected economic impact or job creation directly attributable to the Petitioner's work.

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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: 2024-09-30.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

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