Visalytics
Visalytics
dismissed EB-2 (NIW)

Physician

Health Care · Brazil · 2024-08-21

Decision Date
2024-08-21
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 physician specializing in fetal medicine, general ultrasound, endometriosis diagnosis, and medical education. He intends to collaborate with clinics and teach the next generation of physicians his specialized knowledge and skills.

Framework Evaluation

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

The Director originally concluded the petitioner was well-positioned, though the AAO reserved further comment.

2 Substantial Merit and National Importance Partially Met

The endeavor has substantial merit but the petitioner failed to establish its national importance.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Director found this prong was not established, and the AAO declined to reach it after finding prong 1 unmet.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to demonstrate the national importance of his specific endeavor under the first Dhanasar prong. Although he holds an advanced degree (titulo de medico), the evidence did not show that his methodologies would have a broader impact on the field or the U.S. economy beyond his immediate clinical practice.

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: 2024-08-21.

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At a Glance

Outcome dismissed
Criteria Met 1 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

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

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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