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Visalytics
dismissed EB-2 (NIW) RFE Issued

Audiologist

Audiology · 2024-05-06

Decision Date
2024-05-06
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 work as an audiologist providing diagnostic services, treatment protocols, and electrophysiological assessments of hearing, specifically focusing on early diagnosis of deafness in newborns. She also intends to write academic works and translate prior research to share knowledge with other professionals in the industry.

Framework Evaluation

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

The endeavor has substantial merit due to its focus on hearing health, but lacks national importance as it does not demonstrate broader implications beyond a local patient base.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of her endeavor under the first Dhanasar prong. The record did not show that her clinical services would have broader implications for the field or societal welfare beyond her immediate patients, and her research plans were deemed speculative and lacked specific detail.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to establish the national importance of the endeavor. The petitioner provided a revised plan and additional expert testimony, but failed to show impact beyond her immediate clinical work.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Reference Letters Independent
Government Alignment
Original Contributions

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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: 2024-05-06.

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

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