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dismissed EB-2 (NIW) RFE Issued

CEO/Entrepreneur In The Dental Care Field

Dental Care Field · Brazil · 2024-06-25

Decision Date
2024-06-25
Location
Utah
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 establish and expand a dental clinic, initially in Utah, to provide oral health services. The endeavor aims to address the lack of affordable dental care in underserved U.S. regions and includes providing workshops for students and fellow dental practitioners.

Framework Evaluation

1 of 3 criteria met
1 Well-positioned to Advance the Endeavor Met

The petitioner is well-positioned based on his extensive experience as a dental surgeon and clinic owner in Brazil.

2 Substantial Merit and National Importance Partially Met

The endeavor has substantial merit due to the importance of oral health, but lacks national importance as it does not offer broader implications beyond a local/regional scale.

3 On Balance, Beneficial to Waive Job Offer Not Met

The petitioner failed to demonstrate that the benefits of his specific endeavor outweigh the benefits of the labor certification process.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to demonstrate the national importance of his endeavor (Prong 1). Although he is an experienced dental surgeon from Brazil with a bachelor's degree and 5+ years of experience, the projected creation of 54 jobs and $9.7 million in revenue was deemed insufficient to show substantial positive economic effects or field-wide impact.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence to satisfy the Dhanasar prongs. The petitioner responded with additional arguments regarding his expertise and the importance of the dental industry.

RFE Targets
Substantial Merit and National ImportanceWell-positioned to Advance the EndeavorOn Balance, Beneficial to Waive Job Offer

Evidence

Evidence Types
Peer Reviewed Publications
Media Coverage
Reference Letters Dependent

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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: 2024-06-25.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 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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