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dismissed EB-2 (NIW)

Health Care Professional Entrepreneur

Health Care Professional Entrepreneur · 2025-01-29

Decision Date
2025-01-29
Location
Montana
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 start a business providing health services directly to seniors, train nurses, and other health care professionals to provide home care services. This endeavor aims to create jobs in underutilized business areas and help address the nursing shortage in U.S. public health.

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 its national importance was not established as its impact would not sufficiently extend beyond the petitioner's company and clientele.

2 Petitioner is well-positioned to advance the endeavor Not Met

The petitioner failed to submit sufficient supporting evidence to corroborate the assertions and figures in her business plan, thus not demonstrating she is well-positioned.

3 On balance, it would benefit the US to waive the job offer and labor certification requirements Not Met

The petitioner did not establish the significance of her employment data to demonstrate the benefits to the regional or national economy would reach the level of 'substantial positive economic effects'.

Why This Petition Was Denied

The motion to reconsider was dismissed because the petitioner failed to demonstrate that the prior decision was based on an incorrect application of law or policy. Specifically, the petitioner did not establish the national importance of her endeavor (Prong 1) beyond her company's direct impact, nor did she provide sufficient evidence to show she was well-positioned to advance the endeavor (Prong 2) or that waiving the job offer would benefit the U.S. (Prong 3) through substantial positive economic effects, despite claiming potential job creation of 75 direct jobs in five years and 25,000 direct and indirect jobs in the future.

Evidence

Evidence Types
Business Plan

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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: 2025-01-29.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 1

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

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