dismissed EB-2 (NIW) RFE Issued

Independent Consultancy / Consultant

Pharmaceutical And Healthcare Product Companies; Nutritional And Dietary Supplements · 2024-06-10

Decision Date
2024-06-10
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 establish an independent consultancy to conduct scientific research on dietary supplements and develop analytical methods to meet FDA standards. The work involves advising pharmaceutical companies, training professionals, and researching nutritional supplements to improve health outcomes.

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 it does not show broader implications or substantial economic effects.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor (Prong 1). While the petitioner had an advanced degree and experience in drug formulation, she did not provide corroborating evidence of substantial economic impact or broader implications for the industry beyond her specific clients.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence to satisfy all three prongs of the Dhanasar framework; the petitioner submitted a response that the Director and AAO found failed to establish national importance.

RFE Targets
Substantial Merit and National Importanceprong 2prong 3

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: 2024-06-10.

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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

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