Visalytics
Visalytics
dismissed EB-2 (NIW) RFE Issued

Chief Executive Officer (CEO)

Ophthalmology · Brazil · 2024-09-25

Decision Date
2024-09-25
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 CEO of a Florida-based ophthalmology clinic specializing in eye care with an emphasis on prevention of adult and child blindness. The endeavor also includes providing consulting services to health professionals, physicians, and private clinics in ophthalmology care, automation, research and development, training, telemedicine, and remote consultations.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

The petitioner established the substantial merit of the proposed endeavor (ophthalmology clinic), but failed to demonstrate its national importance. The evidence did not show broader implications or significant potential for substantial positive economic effects at a national level.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy the first Dhanasar prong, which requires demonstrating substantial merit and national importance. While substantial merit was established for the ophthalmology clinic, national importance was not. The business plans did not specify how the endeavor would reduce physician shortages at a national level, nor did they explain how proposed methods were innovative or would advance the field with national/global implications. Economic projections for 14 employees and $1.1 million in taxes over five years were not corroborated and were deemed insufficient to demonstrate substantial economic benefits commensurate with national importance. Consulting services added in the RFE response were deemed materially changed and lacked sufficient detail to establish national importance.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence to establish the national importance of the proposed endeavor. The petitioner responded with an updated business plan that included additional consulting services, but these were found to be materially changed from the original proposal and lacked sufficient detail to demonstrate national importance.

RFE Targets
The proposed endeavor has both substantial merit and national importance

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions
Commercial Success

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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: 2024-09-25.

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At a Glance

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

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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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