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dismissed EB-2 (NIW)

Entrepreneur And Dentist

Dentistry · 2024-09-12

Decision Date
2024-09-12
Location
Georgia, 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 an entrepreneur in the field of dentistry by continuing to operate, develop, and expand her clinic in Georgia. The clinic would provide comprehensive dental services and treatments to children and adults, and research and develop new procedures to reduce treatment costs.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

The proposed endeavor was found to have substantial merit, but the petitioner failed to demonstrate national importance, as its impact was not shown to extend sufficiently beyond her company and clientele.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of her proposed endeavor, thus not meeting the first prong of the Dhanasar framework. While the endeavor had substantial merit, the evidence, including articles on dental shortages and a business plan forecasting 25 employees and $11.3 million revenue, did not demonstrate a sufficiently broad impact beyond her company's clients or substantial positive economic effects commensurate with national importance in a $137.6 billion industry. USCIS declined to evaluate the second and third Dhanasar prongs.

Evidence

Evidence Types
Reference Letters Dependent
Original Contributions
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: 2024-09-12.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 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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