dismissed EB-2 (NIW) RFE Issued

CEO/Entrepreneur

Pharmaceuticals Industry · 2024-04-19

Decision Date
2024-04-19
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 proposes to launch and develop a Florida-based company focused on a digital learning and instruction platform for pharmaceutical sales professionals. The endeavor involves coaching sales teams and developing commercial chains for American products, specifically in ophthalmology-related pharmaceuticals, to help U.S. companies reach international markets.

Framework Evaluation

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

The endeavor was found to have substantial merit but lacked national importance as it did not offer broader implications for the industry or substantial economic effects.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed the first Dhanasar prong; the endeavor lacked national importance as it did not show broader implications beyond the company's own clients. While the petitioner projected creating 28 jobs and reaching $1.19 million in revenue by year five, these projections were not supported by sufficient evidence to demonstrate substantial positive economic effects.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE targeted the national importance of the endeavor; the petitioner responded with a business plan and support letters which the Director found insufficient.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Media Coverage

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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 2

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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