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dismissed EB-2 (NIW) RFE Issued

Entrepreneur In Aesthetic And Cosmetic Nursing

Aesthetic And Cosmetic Nursing · Brazil · 2024-04-19

Decision Date
2024-04-19
Location
New York
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 own and operate a medical clinic in New York specializing in aesthetic and cosmetic nursing. The clinic would provide specialized care for skin lesions, peeling treatments, tattoo removal, diabetic foot treatments, and home care nursing consultations. Additionally, she intends to offer basic dressing change courses and teleconsultations.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Partially Met

The endeavor has substantial merit but lacks national importance as it does not have broader implications for the field.

2 Well-positioned to Advance the Endeavor Not Met

The AAO reserved this issue but noted the Director found it unmet; the petitioner's qualifications were acknowledged but not sufficient to overcome prong 1 failures.

3 Balance of Interests Not Met

The AAO did not reach this prong as the first prong was not satisfied.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not establish the national importance of her endeavor; the impact was deemed localized to her clinic's patients. Although she provided a business plan projecting revenue up to $1,140,532 and an economic study claiming job creation, the AAO found these lacked supporting details and credibility. The petitioner met the EB-2 advanced degree requirement but failed the first Dhanasar prong.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence on economic impact and national importance; the petitioner responded with a business plan and economic impact study.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Media Coverage
Reference Letters Dependent
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: 2024-04-19.

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At a Glance

Outcome dismissed
RFE Issued
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

Related Pages

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

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