dismissed EB-2 (NIW)

Chief Executive /Entrepreneur

Pharmaceutical Sector · 2024-09-24

Decision Date
2024-09-24
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 start a company dedicated to developing a digital learning platform for pharmaceutical sales professionals. This endeavor aims to enhance specialized knowledge in ophthalmology-related pharmaceutical products, supporting economic growth, better health outcomes, healthcare efficiency, and patient safety.

Framework Evaluation

0 of 3 criteria met
1 Proposed endeavor has substantial merit and national importance Not Met

The proposed endeavor was found to have substantial merit, but the Petitioner failed to establish its national importance, as projections lacked support and expert letters were insufficient.

Why This Petition Was Denied

The motion was dismissed because the Petitioner failed to establish that the proposed endeavor has national importance, which is a requirement for Prong 1 of the Dhanasar framework. While the business plan projected 28 jobs and over one million dollars in revenue, these projections lacked supporting details. Expert letters were deemed insufficient to demonstrate broader implications or substantial positive economic effects beyond the company's clientele, and the argument regarding a national shortage was not adequately linked to the proposed endeavor's impact.

Evidence

Evidence Types
Reference Letters Independent
Commercial Success
Job Creation Estimates
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: 2024-09-24.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 4

EB-2 (NIW) Case Data

Scraped Case Data

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

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