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dismissed EB-2 (NIW)

Chief Executive

Digital Mental Health Segment · 2024-11-13

Decision Date
2024-11-13
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 operate a business in the digital mental health segment, offering an online application to provide individuals with effective strategies for depression, anxiety, various mental health disorders, chronic stress, and to improve quality of life and general well-being.

Framework Evaluation

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

The proposed endeavor was found to have substantial merit but failed to demonstrate national importance, as its impact was not shown to extend beyond individual clients or generate substantial positive economic effects at a national level.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of her proposed endeavor under the first Dhanasar prong. While the endeavor had substantial merit, the AAO found no evidence of a national impact beyond individual clients, nor did the business plan adequately support projections of job creation (8 employees in year five) or net profit ($31,688 in year one, $88,146 in year five) to demonstrate substantial positive economic effects at a national level. The decision did not 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: 2024-11-13.

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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 3,815
Success Rate 53.6%
Sustained 2,046
Dismissed 1,673

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