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dismissed EB-2 (NIW) RFE Issued

Nurse Specializing In Geriatric Care

Healthcare Industry · Brazil · 2024-06-18

Decision Date
2024-06-18
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 specializing in geriatric care, assisting hospitals and clinics with elderly needs. Her work involves implementing technical knowledge to monitor fall indicators, preventing chronic diseases, and providing multilingual services to non-English speaking patients.

Framework Evaluation

0 of 3 criteria met
1 Substantial Merit and National Importance Partially Met

The endeavor has substantial merit due to the nursing shortage, but lacks national importance as it is localized to specific patients.

2 Well-positioned to Advance the Endeavor Not Met

The Director found this unmet; the AAO did not reach a full de novo conclusion on this prong as Prong 1 was failing.

3 On Balance, Beneficial to Waive Job Offer Not Met

The Director found this unmet; the AAO reserved judgment as the petitioner failed the first prong.

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 has over 20 years of experience and letters of recommendation, the evidence did not show her work would impact the healthcare field beyond her specific employers and patients.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence to satisfy the Dhanasar prongs. The petitioner submitted a professional plan and expert letters, but they were deemed insufficient to show 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
Media Coverage
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: 2024-06-18.

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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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