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dismissed EB-2 (NIW)

Nurse Assistant

Healthcare Industry · 2024-04-16

Decision Date
2024-04-16
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 assistant within the U.S. healthcare system. The work involves providing direct patient care, addressing the shortage of qualified healthcare workers, and supporting initiatives related to chronic illness and cancer prevention.

Framework Evaluation

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

The endeavor was found to have substantial merit but lacked national importance.

2 Well-positioned to Advance the Endeavor Not Met

The Director found this unmet, and the AAO reserved judgment as the first prong was not satisfied.

3 Balance of Interests Not Met

The Director found this unmet, and the AAO did not reach this criteria.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of the endeavor under the first Dhanasar prong. The AAO found that the impact of a single nurse assistant is limited to a specific employer and clientele rather than the U.S. population or healthcare system at large. Consequently, the AAO did not reach a final determination on the petitioner's exceptional ability status or the remaining two Dhanasar prongs.

Evidence

Evidence Types
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: 2024-04-16.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 1

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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