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dismissed EB-2 (NIW) RFE Issued

Business Manager

Pharmaceutical Industry · Brazil · 2024-05-29

Decision Date
2024-05-29
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 a business manager overseeing operations, implementing management guidelines, and creating sales strategies. He intends to focus on the pharmaceutical distribution niche, applying technical skills to organize business structures and automate processes to increase efficiency and profits.

Framework Evaluation

1 of 3 criteria met
1 Well-positioned to Advance the Endeavor Met

The Director concluded the Petitioner was well-positioned based on his professional experience and background.

2 Substantial Merit and National Importance Partially Met

The endeavor was found to have substantial merit but lacked sufficient evidence of national importance or broader implications.

3 On Balance, Waiving the Job Offer Requirement Would Benefit the United States Not Met

The evaluation of this prong was reserved as the petitioner failed to meet the first prong of the Dhanasar framework.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of his endeavor (Prong 1). While he is an advanced degree professional and well-positioned (Prong 2), he did not provide financial projections or evidence of substantial economic effects, job creation, or impact on an economically depressed area.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence of national importance; the petitioner provided industry data and a personal statement, but failed to show the impact of his specific endeavor.

RFE Targets
Substantial Merit and National Importance

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: 2024-05-29.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 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

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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