dismissed EB-2 (NIW) RFE Issued
Dentist / Entrepreneur
Dentist / Entrepreneur · Brazil · 2024-12-06
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's proposed endeavor involves entrepreneurial activities within the U.S. healthcare system and economy, aiming to contribute significantly to these sectors.
Why This Petition Was Denied
The appeal was dismissed because the Petitioner failed to establish eligibility for the underlying EB-2 classification as an advanced degree professional. USCIS found that the Petitioner's Brazilian 'Titulo de Cirurgiao Dentista' was an undergraduate degree, not a doctoral degree equivalent, and the field of dentistry customarily requires a doctoral degree (DDS or DMD) which cannot be met by a combination of education and experience. The Director also noted that the degree was not consistent with his proposed occupation as a chief executive and entrepreneur. Due to the failure to meet the EB-2 advanced degree requirement, the national interest waiver prongs were not fully analyzed.
Request for Evidence (RFE)
Unsuccessfully AddressedA Request for Additional Evidence (RFE) was issued by the Director regarding the advanced degree professional requirement. The Petitioner responded by submitting additional letters from employers and an expert opinion letter.
Evidence
Evidence Types
Reference Letters Dependent
Academic Records
Academic Evaluation
Diploma
Certificate
Transcript
Resume
Reference Letters Independent
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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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-12-06.
Browse all casesAt a Glance
Outcome dismissed
RFE Issued
Evidence Types 8
EB-2 (NIW) Case Data
Scraped Case Data
Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671
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