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dismissed EB-2 (NIW) RFE Issued

Dentist

Dentist · 2023-04-14

Decision Date
2023-04-14
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, a dentist, intends to work in the United States as an entrepreneur. The specific details of the dental practice or entrepreneurial venture were not elaborated upon in the decision text.

Framework Evaluation

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

The Director determined the Petitioner did not meet this prong, and the Petitioner did not contest this finding on appeal.

2 Well-positioned to Advance Endeavor Not Met

The Director determined the Petitioner did not meet this prong, and the Petitioner did not contest this finding on appeal.

3 Balance of Interests Not Met

The Director determined the Petitioner did not meet this prong, and the Petitioner did not contest this finding on appeal.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to contest the Director's findings that he did not meet any of the three Dhanasar prongs. Additionally, the Petitioner did not establish eligibility for the EB-2 classification due to insufficient documentation of five years of progressive experience and failed to submit required initial evidence (Form ETA 750B or 9089).

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued an RFE requesting a signed labor certification application (Form ETA 750B or 9089) and evidence of professional experience. The Petitioner responded but failed to include the required forms.

RFE Targets
eb2 qualificationSubstantial Merit and National ImportanceWell-positioned to Advance EndeavorBalance of Interests

Evidence

Evidence Types
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: 2023-04-14.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

Related Pages

EB-2 (NIW) Overview All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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