dismissed EB-2 (NIW)

CEO

Healthcare Consulting · Brazil · 2025-01-30

Decision Date
2025-01-30
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 intends to establish and operate a new healthcare consulting company in the United States. This endeavor aims to help healthcare businesses optimize their human capital to improve performance, profitability, and enhance resource allocation for better patient care, ultimately curbing healthcare expenses and safeguarding the nation's health and wellness.

Framework Evaluation

1 of 3 criteria met
1 Petitioner is well-positioned to advance the proposed endeavor Met

The Director found that the Petitioner established he was well-positioned to advance his proposed endeavor, a finding not disputed by the AAO in its dismissal based on Prong 1.

2 Proposed endeavor has substantial merit and national importance Not Met

The AAO agreed with the Director that the Petitioner did not establish the national importance element of this prong, despite the endeavor having substantial merit. The projected economic impacts and broader implications for the healthcare field were not sufficiently demonstrated.

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

The Director concluded the Petitioner did not establish that, on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements. The AAO declined to reach this prong in its final decision.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to demonstrate that his proposed endeavor has national importance, a requirement of the first Dhanasar prong. Specifically, the business plan's projections of 23 jobs and $1.2 million in payroll expenses over five years were deemed insufficiently explained and not substantial enough to demonstrate national economic impact. The Petitioner also did not establish that his endeavor would have broader implications for the healthcare industry or significantly reduce a national labor shortage.

Similar Cases

Consultant

Healthcare

USCIS EB-2 (NIW) rfe dismissed
2024-11-01
The petitioner proposes to operate her own consulting company focused on providing specialized technology services to the healthcare industry. Her company will offer strategic consulting services to help healthcare organizations develop and implement AI-driven strategies that align with their goals and objectives. Specifically, her company will focus on delivering innovative solutions and strategic insights, offering expert advice to healthcare entities eager to leverage AI for enhancing healthcare services, improving patient care, and boosting overall operational efficiency. Services will primarily include data management and AI solutions; strategic consultancy and professional training; and continuous support and partnership.

Registered Nurse

Healthcare

USCIS EB-2 (NIW) rfe dismissed
Florida 2024-04-29
The petitioner proposes to operate a healthcare consulting and education business in Florida. The work involves providing medical consultations to U.S. healthcare institutions and training and coaching nursing students.

Others

Healthcare

USCIS EB-2 (NIW) dismissed
2024-11-13
The petitioner proposes an endeavor that aims to improve healthcare quality, enhance healthcare efficiency, transfer knowledge, contribute to the U.S. economy, and create jobs and economic growth. Her business plan projects generating sales and directly employing people.

Others

Healthcare · Brazil

USCIS EB-2 (NIW) rfe dismissed
Florida 2024-07-16
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.

Browse More Cases

Case data sourced from publicly available petition decisions and case studies. Decision date: 2025-01-30.

Browse all cases

At a Glance

Outcome dismissed
Criteria Met 1 / 3

EB-2 (NIW) Case Data

Scraped Case Data

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

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist