Visalytics
Visalytics
dismissed EB-2 (NIW)

Nurse

Healthcare Industry · Brazil · 2023-11-07

Decision Date
2023-11-07
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 in a healthcare facility, providing and coordinating high-quality care to patients with various injuries and illnesses. She also intends to educate the public about health conditions and train other nurses in proper treatment techniques.

Framework Evaluation

1 of 3 criteria met
1 Well-positioned to Advance the Endeavor Met

The Director originally found this prong met based on the Petitioner's background and experience.

2 Substantial Merit and National Importance Partially Met

The endeavor has substantial merit due to the healthcare nature, but lacks national importance as it does not have broader implications for the field.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Petitioner failed to show that the benefits of her work outweigh the need for a labor certification.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner failed to establish the national importance of her endeavor (Prong 1) and did not meet the initial evidentiary requirements for 'exceptional ability' by failing to satisfy at least three criteria. Specifically, she met criteria for academic records and licensing but failed on professional memberships and significant contributions.

Evidence

Evidence Types
Reference Letters Dependent
Government Alignment

Similar Cases

Nurse

Healthcare · Brazil

USCIS EB-2 (NIW) rfe dismissed
2024-07-22
The Petitioner proposes to work as a nurse in the United States, providing high-quality urgent and emergency care services. She also intends to educate and train other healthcare professionals by sharing nursing methods and strategies she developed and applied in Brazil.

Nurse

Healthcare

USCIS EB-2 (NIW) dismissed
Florida 2024-07-24
The petitioner proposes to work as a nurse in a Florida hospital while earning a doctorate in nursing, eventually becoming a travel nurse to expand advanced nursing practices. She also proposed creating a national online platform for professional development, mentorship, and research dissemination, alongside a new consultancy model.

Nurse

Healthcare · Brazil

USCIS EB-2 (NIW) rfe dismissed
Illinois 2024-06-20
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.

Nurse

Healthcare · Brazil

USCIS EB-2 (NIW) dismissed
2024-07-29
The petitioner proposes to work in the United States as a nurse with a focus on pediatric nursing, providing nursing training, and delivering high-quality healthcare services to the Latin population. She specifically intends to serve large populations of children in underserved areas in Utah designated as Health Professional Shortage Areas (HPSA).

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

More dismissed cases More Healthcare cases More cases from Brazil

Case data sourced from publicly available petition decisions and case studies. Decision date: 2023-11-07.

Browse all cases

At a Glance

Outcome dismissed
Criteria Met 1 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

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

Related Pages

EB-2 (NIW) Overview EB-2 (NIW) in Brazil All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

Get Case Insights

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

Join Waitlist