dismissed EB-2 (NIW)

Entrepreneur/Investor / Chief Executive Officer (CEO)

Syringes And Injection Needle Manufacturing Industry · Brazil · 2024-07-24

Decision Date
2024-07-24
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 serve as the CEO of a U.S.-based business operating in the syringes and injection needle manufacturing industry. The endeavor involves providing various types of syringes and needles for wholesale, logistics, fulfillment services, and account management/broker outsourcing. The business aimed to create 53 direct jobs and generate several million dollars in revenue over five years.

Framework Evaluation

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

The record did not demonstrate the national importance of the proposed endeavor or its potential for substantial positive economic effects.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner did not establish the national importance of the endeavor (Prong 1). While she claimed the creation of 53 direct jobs and $5.17 million in wages, the AAO found these projections uncorroborated and noted that the business's scale was negligible compared to the $3.6 billion industry. Additionally, inconsistencies were found between the business plan and expert letters regarding whether the firm was a manufacturer or a consulting firm.

Evidence

Evidence Types
Reference Letters Dependent
Reference Letters Independent
Media Coverage

Similar Cases

Others

Healthcare · Brazil

USCIS EB-2 (NIW) rfe dismissed
2024-02-29
The Petitioner proposes to work as a healthcare professional and establish a company providing clinical laboratory services and quality control of blood components. The endeavor aims to serve small and medium-sized health centers, laboratories, and hospitals, particularly in healthcare professional shortage areas (HPSAs).

Entrepreneur

Biotechnology · Brazil

USCIS EB-2 (NIW) rfe remanded
Florida 2022-10-06
The petitioner proposes to work as an entrepreneur in the medical device industry, focusing on the cleaning and sterilization of medical equipment. He intends to develop hardware and software technologies for medical equipment analysis, patient monitoring, and computerized maintenance management systems utilizing artificial intelligence.
USCIS EB-2 (NIW) rfe dismissed
Florida 2024-04-19
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.

Others

Pharmaceuticals · India

USCIS EB-2 (NIW) dismissed
2024-11-18
The Beneficiary proposes to continue working as an Associate Director, Master Data Management (MDM) Implementation Lead for a pharmaceutical company. His endeavor involves developing, implementing, and managing digital platforms using AI and machine learning to optimize laboratory workflows, integrate clinical trial data, ensure data security, improve access to high-quality information, and accelerate drug research, development, and regulatory approval processes.

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

Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-07-24.

Browse all cases

At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 3

EB-2 (NIW) Case Data

Scraped Case Data

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

Get Case Insights

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

Join Waitlist