dismissed EB-2 (NIW)

Sales And Commercial Representative Of Pharmaceutical And Hospital Products

Pharmaceutical And Hospital Products Sector · 2025-03-18

Decision Date
2025-03-18
Location
Brazil
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 advance his professional career as an entrepreneur and as a sales and commercial representative of hospital and pharmaceutical products in the Florida area. He intends to do this initially as the lead commercial representative for a Brazilian pharmaceuticals and hospital products company, leveraging his experience in the healthcare supply chain market.

Framework Evaluation

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

The AAO found that while the petitioner established the substantial merit of the proposed endeavor, he failed to demonstrate its national importance, as required under the first prong of the Dhanasar analytical framework.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of his proposed endeavor, as required by the first prong of the Dhanasar framework. While the substantial merit was acknowledged, the Petitioner did not provide specific, well-documented projections for job creation or technology exchange, nor did he offer evidence from government agencies demonstrating direct interest. The AAO found that a shortage of professionals alone does not satisfy the national importance criterion, as such shortages are addressed by the labor certification process.

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions

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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: 2025-03-18.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

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

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