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dismissed EB-2 (NIW) RFE Issued

Pharmacist And Entrepreneur

Pharmaceutical Field · Brazil · 2024-07-11

Decision Date
2024-07-11
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 develop a business providing wellness products and health consultation services, eventually opening a compounding pharmacy in Florida. The endeavor focuses on researching and developing natural, formula-based products to treat health issues such as sexual health, weight loss, anxiety, and stress.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

The endeavor has substantial merit but lacks evidence of national importance or broader implications for the field.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the proposed endeavor (Prong 1). While the endeavor had substantial merit, the petitioner provided insufficient objective evidence to support claims of significant job creation (99 full-time and 569 indirect jobs) or a national-level economic impact from a single pharmacy location.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence of the endeavor's national importance. The petitioner responded with a business plan and expert opinion letters which were deemed insufficient.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Reference Letters Independent

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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: 2024-07-11.

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

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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