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dismissed EB-2 (NIW)

Entrepreneur, Dentist

Dental Health Care · Brazil · 2024-09-03

Decision Date
2024-09-03
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 open dental clinics in the United States to increase access to dental health care and address a shortage of qualified dentists. The endeavor also includes engaging in research to integrate cutting-edge dental practices and technologies to contribute to the evolution of global dental health practices.

Framework Evaluation

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

The Director found substantial merit, but the AAO determined that the national importance aspect was not met. The endeavor was not shown to impact the dental field broadly, significantly reduce dentist shortages, or provide substantial national economic benefits or job creation.

2 The individual is well-positioned to advance the proposed endeavor Not Met

The Director found this prong unmet. The AAO declined to reach a decision on this prong as the first prong was dispositive.

3 On balance, waiving the job offer requirement would benefit the United States Not Met

The Director found this prong unmet. The AAO declined to reach a decision on this prong as the first prong was dispositive.

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 prong of the Dhanasar framework. The Administrative Appeals Office (AAO) found that her dental entrepreneurship would not impact the industry more broadly beyond her clients and employees, nor would it significantly reduce the claimed national shortage of dentists. Furthermore, the petitioner did not provide sufficient evidence of projected U.S. economic impact or job creation at a national level, despite claiming a financial investment of $330,000 and projected revenue of $6.1 million over five years. The AAO declined to reach arguments concerning eligibility under the second and third prongs.

Evidence

Evidence Types
Commercial Success
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: 2024-09-03.

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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

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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