How common are denied EB-2 NIW petitions?

EB-2 NIW petition outcomes vary based on the strength of evidence, the specific criteria addressed, and the adjudicating officer. Each case is evaluated individually based on its own merits and documentation.

How does the healthcare industry industry affect EB-2 NIW petition outcomes?

The healthcare industry sector has unique considerations for EB-2 NIW petitions. USCIS evaluates whether the petitioner's qualifications and contributions align with the specific requirements of the visa category. Industry context matters for demonstrating the significance and impact of the petitioner's work.

dismissed EB-2 (NIW) RFE Issued

Physical Therapist

Healthcare Industry · Brazil · 2023-08-02

Decision Date

2023-08-02

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 physical therapist specializing in functional dermatology and orthopedics. She intends to use laser techniques and manual therapies to treat metabolic and lymphatic disorders, skin recovery, and musculoskeletal issues in bones, tendons, and joints.

Framework Evaluation

0 of 3 criteria met

1 Substantial Merit and National Importance Partially Met

The endeavor has substantial merit but the petitioner failed to demonstrate its national importance or broader impact on the healthcare industry.

2 Well-positioned to Advance the Endeavor Not Met

The Director found the petitioner not well-positioned; the AAO reserved judgment but noted the first prong failure was dispositive.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Director found the balance did not favor a waiver; the AAO reserved judgment as the first prong was not established.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of her specific endeavor. While she is an advanced degree professional and her work has substantial merit, the evidence did not show broader implications for the industry beyond her individual patients, and a worker shortage alone does not justify a waiver.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE sought to address deficiencies in all three Dhanasar prongs. The petitioner provided an updated plan and peer letters, but these did not sufficiently establish national importance.

RFE Targets

Substantial Merit and National ImportanceWell-positioned to Advance the EndeavorOn Balance, Beneficial to Waive Job Offer

Evidence

Evidence Types

Reference Letters Dependent

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: 2023-08-02.

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At a Glance

Outcome dismissed

RFE Issued

Criteria Met 0 / 3

Evidence Types 4

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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