dismissed EB-2 (NIW) RFE Issued

Dietitian And Nutritionist

Clinical Nutrition And Health · 2024-05-17

Decision Date
2024-05-17
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 nutrition and wellness center in the United States. The center would provide treatment services for children and adults affected by obesity, eating disorders, and physical and mental ailments to promote individual well-being.

Framework Evaluation

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

While the endeavor has substantial merit, it lacks national importance as the impact is limited to immediate patients and does not offer broader implications for the field or economy.

Why This Petition Was Denied

The petitioner failed to satisfy the first prong of the Dhanasar framework. The evidence did not show that the proposed endeavor's impact would extend beyond immediate patients to a level of national importance, nor did it demonstrate substantial positive economic effects or significant job creation.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence regarding the national importance of the endeavor; the petitioner provided a business plan and industry reports which were deemed insufficient to show impact beyond the local clinic.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Media Coverage
Business Plan
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: 2024-05-17.

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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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