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dismissed EB-2 (NIW) RFE Issued

Nurse

Health Care Industry · Brazil · 2024-06-20

Decision Date
2024-06-20
Location
Illinois
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 deliver nursing care practices, auditing, and health data analysis services in the United States. The work aims to improve patient care quality and address workforce shortages in the U.S. healthcare market through clinical and economic improvements.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

The endeavor has substantial merit but lacks national importance as it does not offer broader implications for the field of nursing.

2 Well Positioned to Advance the Endeavor Not Met

The petitioner failed to show a record of success or influence in the field significantly above others.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish eligibility for the underlying EB-2 advanced degree classification, having only a bachelor's degree equivalent and less than five years of experience. Additionally, she did not meet the national importance or well-positioned prongs of the Dhanasar framework, lacking evidence of broader field impact or significant industry contributions.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence that the petitioner was well-positioned to advance her endeavor, to which she responded with employment verification and recommendation letters.

RFE Targets
Well Positioned to Advance the Endeavor

Evidence

Evidence Types
Peer Reviewed Publications
Reference Letters Dependent
Original Contributions

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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: 2024-06-20.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 3
Evidence Types 3

EB-2 (NIW) Case Data

Scraped Case Data

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

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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