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dismissed EB-2 (NIW)

Physical Therapist

Consulting And Education Business Focused On Elder Care Facilities · 2024-10-09

Decision Date
2024-10-09
Location
Pennsylvania area
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 use her experience as a Physical Therapist through her consulting and education business, focused on elder care facilities. The company aims to transfer knowledge, assess, and review care procedures, implementing changes to impact patient well-being, and provide courses, seminars, webinars, and training to eldercare service providers' staff and administration.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

The Petitioner established substantial merit but failed to demonstrate national importance, as the endeavor's impact was not shown to extend beyond prospective clients or offer substantial positive economic effects at a national level.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of her proposed endeavor under the first Dhanasar prong. While substantial merit was acknowledged, the Petitioner did not demonstrate how her business, operating in the Pennsylvania area, would have broader implications beyond prospective clients or offer substantial positive economic effects at a national level. The business plan's forecasts of $538K to $2.6M in revenue and creation of 7 to 21 positions were not deemed significant enough to establish national importance.

Evidence

Evidence Types
Reference Letters Independent
Commercial Success

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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: 2024-10-09.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 2

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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