dismissed EB-2 (NIW)

Nurse

Healthcare Industry · Brazil · 2024-07-29

Decision Date
2024-07-29
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 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).

Framework Evaluation

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

The petitioner failed to demonstrate that her specific work as a nurse would have impacts reaching beyond her employer and immediate clients to a level of 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 is a pediatrician with significant experience, the AAO found that a shortage of providers in specific areas does not inherently satisfy the national importance requirement, and her subsequent approval of a different I-140 petition did not mandate a reversal of this decision.

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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: 2024-07-29.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3

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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