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dismissed EB-2 (NIW) RFE Issued

Dental Surgeon / Endodontist / Entrepreneur

Dental Field · Brazil · 2024-07-17

Decision Date
2024-07-17
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 initially proposed to work as an endodontist but later changed the endeavor to owning and operating a business focused on the training and development of dental assistants. The business would offer online, in-person, and hands-on qualification and improvement courses for foreign dental assistants across the United States.

Framework Evaluation

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

The petitioner failed to consistently articulate the nature of the endeavor, making material changes that rendered it ill-defined.

Why This Petition Was Denied

The appeal was dismissed because the petitioner made material changes to the proposed endeavor, switching from endodontics to an entrepreneurial training business, which created ambiguity and failed Prong 1. While the Director's finding on EB-2 eligibility was withdrawn for further clarification, the lack of a consistent, nationally important endeavor was dispositive.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested details on the proposed endeavor; the petitioner responded by shifting from a clinical endodontist role to an entrepreneurial training role.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
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: 2024-07-17.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,814
Success Rate 53.6%
Sustained 2,046
Dismissed 1,672

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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