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dismissed EB-2 (NIW) RFE Issued

Dentist

Dentistry · Brazil · 2024-07-08

Decision Date
2024-07-08
Location
United States
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 work as a dental clinician providing preventative care and oral hygiene education, potentially teaching at educational institutions or working for the government. In response to an RFE, she also proposed opening three dental clinics in economically depressed areas to provide clinical care and manage operations as CEO.

Framework Evaluation

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

The endeavor has substantial merit but lacks evidence of impact rising to the level of national importance.

2 Well-positioned to Advance the Endeavor Not Met

The Director found this prong unmet, and the AAO declined to reach a new finding as the first prong was not satisfied.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Director found this prong unmet, and the AAO declined to reach a new finding as the first prong was not satisfied.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner did not establish the national importance of her endeavor; her work was seen as localized to her patients rather than having broader industry implications. While she holds a degree equivalent to a U.S. doctorate in dentistry and a bachelor's in psychology, she failed to provide evidence of significant job creation or economic impact for her initial proposal.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE sought evidence of national importance; the Petitioner responded with a business plan for opening clinics, but the AAO ruled this a material change from the original filing.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Media Coverage

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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: 2024-07-08.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,814
Success Rate 53.6%
Sustained 2,046
Dismissed 1,672

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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