dismissed EB-2 (NIW) RFE Issued

Dental Surgeon

Dental Health And Wellness Firm · Brazil · 2024-08-01

Decision Date
2024-08-01
Location
United States
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 a dental health and wellness firm in the U.S. that aims to transform aesthetics, reinvigorate the wellbeing of U.S. workers impacted by the pandemic, and provide essential dental care to communities facing a shortage of dental health professionals.

Framework Evaluation

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

The petitioner failed to demonstrate that the proposed dental health and wellness firm had national importance, as the evidence did not show how it would impact the field more broadly beyond its clients or provide substantial positive economic effects at a national level.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to demonstrate that the proposed endeavor has national importance under the first prong of the Dhanasar framework. The business plan's projections for 40 employees and $4,143,449 in payroll expenses over five years, and net income increasing from $287,409 to $2,516,668, lacked supporting details and evidence to prove substantial positive economic effects at a national level. The evidence provided, including articles and recommendation letters, did not sufficiently explain how the specific endeavor would impact the dental and wellness field more broadly beyond its clients.

Request for Evidence (RFE)

Unsuccessfully Addressed

An RFE was issued, and the petitioner responded by submitting additional articles and educational training documentation. However, this evidence was generated after the petition's filing date, rendering it irrelevant for establishing eligibility at the time of filing.

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions
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: 2024-08-01.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 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

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