How common are denied EB-2 NIW petitions?

EB-2 NIW petition outcomes vary based on the strength of evidence, the specific criteria addressed, and the adjudicating officer. Each case is evaluated individually based on its own merits and documentation.

How does the aesthetic and regenerative medicine industry affect EB-2 NIW petition outcomes?

The aesthetic and regenerative medicine sector has unique considerations for EB-2 NIW petitions. USCIS evaluates whether the petitioner's qualifications and contributions align with the specific requirements of the visa category. Industry context matters for demonstrating the significance and impact of the petitioner's work.

dismissed EB-2 (NIW) RFE Issued

Surgeon In Aesthetic Medicine

Aesthetic And Regenerative Medicine · 2024-04-11

Decision Date

2024-04-11

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 operate a Florida-based aesthetic medicine company providing clinical services such as Botox, laser surgery, and facial treatments, as well as reconstructive surgery for burn victims and survivors of gender-based violence. Additionally, the petitioner intends to provide training courses in laser surgery to other physicians.

Framework Evaluation

0 of 3 criteria met

1 Substantial Merit and National Importance Not Met

While the endeavor has substantial merit in the field of health, it does not have national importance because its impact is localized to the petitioner's patients and does not offer broader implications for the field or the U.S. economy.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to satisfy the first prong of the Dhanasar framework. Specifically, the evidence did not establish that the proposed endeavor has national importance. The clinical services were deemed to have a localized impact, and the projected economic contributions (12 jobs and approximately $1 million in revenue over five years) were not shown to be substantial enough to reach the level of national importance.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE focused on the lack of evidence regarding the national importance of the endeavor; the petitioner responded with a business plan and expert letter which were found insufficient.

RFE Targets

Substantial Merit and National Importance

Evidence

Evidence Types

Business Plan

Expert Letter

Articles

Industry Reports

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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: 2024-04-11.

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At a Glance

Outcome dismissed

RFE Issued

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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