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dismissed EB-2 (NIW) RFE Issued

Dental Surgeon/Entrepreneur

Dentistry · 2024-05-08

Decision Date
2024-05-08
Location
South Carolina
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 expand a dental clinic in South Carolina focused on offering personalized dentistry services, including oral rehabilitation, dental implants, and periodontics. The endeavor aims to address the dentist shortage and provide services in SBA HUBZones.

Framework Evaluation

1 of 3 criteria met
1 Well-positioned to Advance the Endeavor Met

The Director found the petitioner well-positioned based on her 15 years of experience and qualifications.

2 Substantial Merit and National Importance Not Met

The endeavor has substantial merit but lacks national importance as it does not show impact beyond the local clinic's clients.

3 On Balance, Beneficial to Waive Job Offer Not Met

The petitioner failed to demonstrate that waiving the labor certification would benefit the U.S. on balance.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to meet Prong 1, specifically lacking evidence of national importance. While she projected creating 28 jobs, the average annual salary of $34,285.71 was not shown to have a substantial economic impact, and her qualifications (Prong 2) do not automatically satisfy the national importance of the endeavor itself.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE sought to establish national importance and the balance of benefits for the waiver; the petitioner provided a business plan and expert letters in response.

RFE Targets
Substantial Merit and National ImportanceOn Balance, Beneficial to Waive Job Offer

Evidence

Evidence Types
Reference Letters Dependent
Government Alignment

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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: 2024-05-08.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 3
Evidence Types 2

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

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