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dismissed EB-2 (NIW) RFE Issued

Registered Nurse

Healthcare Industry · 2023-09-29

Decision Date
2023-09-29
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 a healthcare consulting and education business in Florida. The company intends to provide nursing and health education services both in-person and through telehealth, specifically targeting medically underserved areas.

Framework Evaluation

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

The endeavor has substantial merit but lacks evidence of national importance as it does not show impact beyond the petitioner's immediate customers.

Why This Petition Was Denied

The appeal was dismissed because the petitioner did not establish the national importance of the endeavor under the first Dhanasar prong. While the endeavor has substantial merit, the projected economic impact (11 direct jobs and $820,629 revenue) and the localized nature of the nursing services were insufficient to demonstrate a broader national impact.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE addressed the petitioner's qualifications and the three prongs of the Dhanasar framework; the petitioner responded with a business plan and economic impact analysis.

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: 2023-09-29.

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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 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

Related Pages

EB-2 (NIW) Overview All EB-2 (NIW) Cases EB-2 (NIW) Dashboard Endeavor Search

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