Visalytics
Visalytics
dismissed EB-2 (NIW) RFE Issued

Sales Representative

Pharmaceutical Products · 2025-02-07

Decision Date
2025-02-07
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 intends to own and operate a Diagnostic Solutions and Supplies Company for Diabetes Care in an economically depressed part of Florida. The venture aims to offer equipment for accurate diabetes diagnosis and treatment to health professionals, and to sell products and medicines to the diabetic public. The Petitioner hopes to expand throughout Florida and serve other economically depressed regions.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

The AAO agreed with the Director that the endeavor has substantial merit but found that the Petitioner failed to demonstrate national importance, as the impact was not shown to extend broadly beyond direct consumers or provide sufficiently supported economic benefits.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of the proposed endeavor, which is the first prong of the Dhanasar framework. While the substantial merit was acknowledged, the Petitioner did not sufficiently demonstrate that the endeavor's impact would extend beyond direct consumers to broadly affect the field of diabetes care or provide credible, supported economic benefits like job creation (estimated 6 new jobs) or significant tax contributions (projected $792,090.50 over five years) and salaries ($1,968,290.00 over five years). The AAO did not evaluate the second and third Dhanasar prongs.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE questioned the Petitioner's eligibility for a national interest waiver, specifically regarding national importance, being well-positioned to advance the endeavor, and the overall benefit of waiving the job offer. The Petitioner responded by resubmitting documentation and providing additional financial information from potential investors.

RFE Targets
The proposed endeavor has both substantial merit and national importanceprong 2prong 3

Evidence

Evidence Types
Reference Letters Dependent
Commercial Success

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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: 2025-02-07.

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

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