dismissed EB-2 (NIW) RFE Issued

Pharmacist And Entrepreneur / Chief Executive Officer

Pharmaceutical Field · 2024-04-17

Decision Date
2024-04-17
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 open and operate a business in Florida specializing in parenteral nutrition products. She intends to serve as the CEO, providing nutrition products to patients unable to receive nutrients through the gastrointestinal tract.

Framework Evaluation

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

The description of the endeavor was too generalized and lacked evidence of broader implications or substantial economic impact rising to a national level.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy the first prong of the Dhanasar framework. The proposed creation of 27 jobs and $2.5 million in revenue was not supported by sufficient detail or corroborating evidence to establish national importance, and the description of the work was considered too generalized to establish substantial merit.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE noted the initial record was insufficient to show substantial merit or national importance and requested a detailed description; the petitioner resubmitted her business plan and industry reports.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Media Coverage

Similar Cases

Pharmacist

Pharmaceuticals · Brazil

USCIS EB-2 (NIW) rfe dismissed
Florida 2024-07-11
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.

Nutritionist

Healthcare

USCIS EB-2 (NIW) dismissed
Florida, USA 2024-10-08
The petitioner proposes to found a startup nutrition consulting services company based in Florida, employing 17 individuals within the first five years of operations.
USCIS EB-2 (NIW) rfe dismissed
Florida 2024-04-19
The petitioner proposes to launch and develop a Florida-based company focused on a digital learning and instruction platform for pharmaceutical sales professionals. The endeavor involves coaching sales teams and developing commercial chains for American products, specifically in ophthalmology-related pharmaceuticals, to help U.S. companies reach international markets.

Entrepreneur

Food and Beverage · Brazil

USCIS EB-2 (NIW) rfe dismissed
Florida 2024-07-01
The petitioner proposes to start and manage a company in the sports nutrition and health supplements market. The endeavor involves consulting and training for exporters, attracting foreign investment, and developing new products to be sold to gyms, specialty stores, and personal trainers.

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.

Browse More Cases

Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-04-17.

Browse all cases

At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

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

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist