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 own, operate, and serve as the CEO of a startup company focused on developing health education solutions. This endeavor aims to facilitate access to quality healthcare-related information and integrate knowledge to improve the health experience of the elderly at low costs, through courses, seminars, and workshops. The petitioner also mentioned providing health-care consulting services to clinics.
Framework Evaluation
0 of 3 criteria met
1The proposed endeavor has both substantial merit and national importanceNot Met
The proposed endeavor was found to have substantial merit in health and education, but failed to demonstrate national importance as its impact was not shown to extend broadly beyond its direct clients or offer substantial positive economic effects.
Why This Petition Was Denied
The appeal was dismissed because the petitioner failed to establish eligibility for EB-2 classification as an advanced degree professional (due to unaccredited degree) or an individual of exceptional ability (failed to meet 10 years of experience and recognition criteria). Furthermore, the petitioner did not meet the first prong of the Dhanasar framework, failing to demonstrate the national importance of the proposed endeavor. The business plan projected gross revenues of $220,268 in year one and $1,936,632 in year five, and employment of 4 people in year one growing to 21 in year five, but these figures were not deemed to show substantial positive economic effects or broader national impact.
Request for Evidence (RFE)
Unsuccessfully Addressed
The RFE requested further evidence regarding the petitioner's exceptional ability and the national importance of her proposed endeavor. The petitioner responded by reiterating arguments and submitting an expert letter, but the response was ultimately deemed insufficient to establish national importance or meet exceptional ability criteria, such as the 10 years of experience.
RFE Targets
The proposed endeavor has both substantial merit and national importanceeb2 qualification
The petitioner proposes to establish a healthcare company in Montana that will operate training, homecare, and partnership divisions. The endeavor aims to train health professionals and caregivers, provide homecare services for older adults, and develop a franchise network of professionals using a digital platform.
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.
The petitioner proposes to open a healthcare consulting and education business in Florida. The company intends to provide nursing and health education services both in-person and through telehealth, specifically targeting medically underserved areas.
The petitioner proposes to work as an entrepreneur in the healthcare field through an organization named B-LLC, specializing in health care advice and preventative health follow-up services. The endeavor aims to provide orientation and referrals to necessary professionals for individuals and companies with specific medical needs across the United States.
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.
