Visalytics
Visalytics
dismissed EB-2 (NIW)

Optometrist Specialist And Entrepreneur

Optometrist Specialist · Colombia · 2024-09-20

Decision Date
2024-09-20
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 optometrist specialist providing high-quality services diagnosing and treating patients in need of eye and vision care. She also intends to contribute to the advancement of the optometry profession as a researcher and establish clinics in underserved areas to increase access to quality vision care in these communities.

Framework Evaluation

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

The AAO disagreed with the Director's finding that the proposed endeavor has national importance, stating the record does not establish broader implications beyond her own clients and business, or significant potential to employ U.S. workers or other substantial positive economic effects.

2 The individual is well-positioned to advance their proposed endeavor Not Met

The Petitioner failed to demonstrate she is well-positioned to advance her proposed endeavor, lacking sufficient evidence of progress towards establishing clinics in underserved areas or contributing to optometry research, and not providing a specific plan for future activities or evidence of interest from relevant entities.

3 On balance, waiving the job offer requirement would benefit the United States Not Met

The AAO reserved judgment on the third prong, stating that since the petitioner did not demonstrate she was well-positioned to advance her endeavor, it was unnecessary to address whether a waiver would be beneficial to the United States.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to satisfy the second prong of the Dhanasar framework, not demonstrating she is well-positioned to advance her proposed endeavor. Evidence of past success in Colombia as an optometrist and sales representative, and co-ownership of a business, was deemed insufficient without proof of U.S. licensure, a specific plan for future research or clinic establishment, or evidence of interest from potential customers or investors. The AAO also disagreed with the Director's finding on national importance for Prong 1, and reserved judgment on Prong 3.

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: 2024-09-20.

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At a Glance

Outcome dismissed
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 Colombia All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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