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dismissed EB-2 (NIW)

Dental Surgeon

Dentist · 2024-09-04

Decision Date
2024-09-04
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 dental surgeon, seeks an employment-based second preference (EB-2) immigrant classification with a national interest waiver. Her proposed endeavor involves work as a dental surgeon.

Framework Evaluation

0 of 3 criteria met
1 Proposed endeavor has substantial merit and national importance Not Met

USCIS found that the petitioner did not establish that the broader implications of her work as a dental surgeon would extend beyond her future employer(s) or patients to impact the dental industry more broadly at a level commensurate with national importance. Additionally, the petitioner had not shown her endeavor had a significant potential to employ U.S. workers or otherwise result in substantial positive economic effects.

Why This Petition Was Denied

The motion to reconsider was dismissed because the petitioner failed to demonstrate that the prior decision was based on an incorrect application of law or policy. Specifically, the petitioner did not establish that her work as a dental surgeon met the first prong of the Dhanasar framework, as it lacked broader implications of national importance and significant potential for positive economic effects or job creation. The second and third Dhanasar prongs were not evaluated.

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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: 2024-09-04.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3

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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