Visalytics
Visalytics
dismissed EB-2 (NIW) RFE Issued

General Manager And Pharmacy Chief

Pharmaceutical Industry · 2025-04-07

Decision Date
2025-04-07
Location
Virginia
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 operate a chain of pharmacies providing low and average cost prescription medicines to elderly and economically disadvantaged communities. The plan involves establishing a headquarters in Virginia and expanding to Maryland, focusing on affordable quality medicine.

Framework Evaluation

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

The Director previously indicated that the record satisfied the second prong regarding the petitioner's qualifications and positioning.

2 Substantial Merit and National Importance Not Met

While the endeavor had substantial merit, it lacked national importance as it did not show broader implications for the U.S. economy or pharmaceutical field.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Director concluded the record did not satisfy this prong, and the AAO declined to address it further due to the failure of prong one.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not establish the national importance of the endeavor (Prong 1). The record lacked specific details on job duties and wages, failed to prove the business was located in a HUBZone, and did not demonstrate broader implications for the industry beyond the company's own clients.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued an RFE to address the three prongs of the Dhanasar framework. The petitioner responded with a business plan and industry reports, but failed to resolve concerns regarding national importance.

RFE Targets
Substantial Merit and National ImportanceWell-positioned to Advance the EndeavorOn Balance, Beneficial to Waive Job Offer

Evidence

Evidence Types
Reference Letters Dependent
Government Alignment

Similar Cases

Business Manager

Pharmaceuticals · Brazil

USCIS EB-2 (NIW) rfe dismissed
2024-05-29
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.

Others

Healthcare

USCIS EB-2 (NIW) rfe dismissed
2024-06-28
The petitioner proposes to establish and operate pharmacies within the United States. The endeavor involves the implementation of a business plan to provide pharmaceutical services.

Pharmacist

Healthcare

USCIS EB-2 (NIW) rfe dismissed
Texas 2024-04-19
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.

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.

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

More dismissed cases More Pharmaceuticals cases

Case data sourced from publicly available petition decisions and case studies. Decision date: 2025-04-07.

Browse all cases

At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

Related Pages

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

Get Case Insights

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

Join Waitlist