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dismissed EB-2 (NIW) RFE Issued

Chief Executive Officer (CEO)

Healthcare Industry · Brazil · 2024-05-16

Decision Date
2024-05-16
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 operate her own company in Florida providing infection disease control courses, seminars, webinars, and training to health-related professionals. The endeavor aims to implement infection prevention and control (IPC) standards across hospitals, surgical centers, and clinics.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Not Met

The endeavor has substantial merit but the petitioner failed to provide specific evidence of the endeavor's potential prospective impact or unique methodologies that would reach national importance.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of her endeavor under the first Dhanasar prong. While she held a bachelor's degree in nursing and over five years of experience, her business plan's projections for creating 136 jobs and $755,000 in taxes lacked sufficient evidentiary basis and did not demonstrate a broad impact on the industry.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested evidence to support the national interest waiver prongs; the petitioner responded with a brief and business plan that the AAO later found to be unpersuasive regarding national importance.

RFE Targets
Substantial Merit and National Importanceprong 2prong 3

Evidence

Evidence Types
Reference Letters Dependent
Government Alignment

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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: 2024-05-16.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 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

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