dismissed EB-2 (NIW) RFE Issued

Nurse Practitioner

Health Care Facility · 2024-04-25

Decision Date
2024-04-25
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 Nurse Practitioner in the field of nursing, offering expertise to clinics and hospitals to improve resource management and patient care. The work involves diagnosing and treating acute, episodic, or chronic illnesses independently or as part of a healthcare team.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not establish qualification for the EB-2 classification as an advanced degree professional, specifically failing to prove five years of progressive post-baccalaureate experience in the specialty of nurse practitioner. The record showed experience as a nurse, assistant nurse, and technical manager, but not the specialized experience required for the intended role. Because the underlying classification was not met, the AAO reserved judgment on the Dhanasar prongs.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE sought to clarify the conflicting descriptions of the proposed endeavor and verify the petitioner's professional experience. The petitioner responded with an updated professional plan and employment letters, but these failed to establish the required five years of progressive experience.

RFE Targets
eb2 qualification

Evidence

Evidence Types
Reference Letters Dependent

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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: 2024-04-25.

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At a Glance

Outcome dismissed
RFE Issued
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,895
Success Rate 54.2%
Sustained 2,112
Dismissed 1,687

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