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dismissed EB-2 (NIW) RFE Issued

Pharmacist

Pharmaceutical Industry · 2024-04-19

Decision Date
2024-04-19
Location
Texas
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 initially proposed to work as a pharmacist in community clinics. Later, she attempted to change her endeavor to establishing a medication management business for the elderly using a software application and a bracelet device.

Framework Evaluation

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

The endeavor to work as a pharmacist in community clinics was not shown to have broader implications for the field or the nation.

Why This Petition Was Denied

The motion was dismissed because the petitioner failed to establish the national importance of her initial endeavor (Prong 1) and attempted to materially change her proposed endeavor after the initial filing, which is not permitted under 8 C.F.R. § 103.2(b)(1). The AAO affirmed that a shortage of workers in an occupation does not establish national importance and that STEM status alone does not guarantee a waiver.

Request for Evidence (RFE)

Unsuccessfully Addressed

The petitioner responded to the RFE by introducing a materially different endeavor involving a software app and bracelet, which was rejected as a post-filing change.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
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: 2024-04-19.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 1

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 All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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