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dismissed EB-2 (NIW) RFE Issued

Physical Therapist And Entrepreneur

Healthcare Industry · Brazil · 2023-08-23

Decision Date
2023-08-23
Location
Florida
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 open and operate a physical therapy clinic in Florida to provide expert advice and treatment in areas such as respiratory, musculoskeletal, and geriatric therapy. The endeavor aims to support the recovery of injured, chronic pain, and post-COVID patients while potentially teaching new physical therapists.

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 its impact is limited to a local client base.

2 Well-positioned to Advance the Endeavor Not Met

The Director found this prong unmet, and the AAO declined to reach a final conclusion as the first prong was dispositive.

3 Balance of Interests Not Met

The Director found this prong unmet, and the AAO declined to reach a final conclusion as the first prong was dispositive.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of her specific endeavor under the first Dhanasar prong. While she demonstrated 10 years of experience and submitted a business plan projecting 15 jobs and $2.96 million in wages, the impact was deemed localized to her specific clinic and patients rather than the field or nation at large.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE targeted the national importance of the endeavor; the petitioner responded with financial projections and industry growth reports which were deemed insufficient to show broader impact.

RFE Targets
Substantial Merit and National Importance

Evidence

Evidence Types
Reference Letters Dependent
Media Coverage
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: 2023-08-23.

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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 3,816
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

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