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dismissed EB-2 (NIW) RFE Issued

Orthodontist / Entrepreneur

Dentistry · Brazil · 2024-06-18

Decision Date
2024-06-18
Location
Massachusetts
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 and operate a dental clinic in Massachusetts, working as an orthodontist with an emphasis on prosthodontics. The clinic aims to serve American communities with limited access to dental healthcare due to provider shortages or socioeconomic backgrounds, with plans to eventually expand nationwide through partnerships.

Framework Evaluation

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

The endeavor has substantial merit but lacks national importance as it does not demonstrate broader implications for the field or significant economic impact.

2 Well-positioned to Advance the Endeavor Not Met

The petitioner failed to resolve material inconsistencies regarding overlapping employment dates in different countries.

3 On Balance, Waiving the Job Offer Requirement would Benefit the United States Not Met

The petitioner did not establish that the benefits of his specific contributions would outweigh the need for a labor certification.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor under the first Dhanasar prong. Specific deficiencies included unsupported revenue and job creation projections, a lack of evidence showing impact beyond the petitioner's own clients, and inconsistencies in the petitioner's professional experience record.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to support all three Dhanasar prongs. The petitioner provided a business plan and financial forecasts, but these were deemed unsupported and insufficient.

RFE Targets
Substantial Merit and National ImportanceWell-positioned to Advance the EndeavorOn Balance, Waiving the Job Offer Requirement would Benefit the United States

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions
Media Coverage
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: 2024-06-18.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 4

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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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