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dismissed EB-2 (NIW) RFE Issued

Chief Executive Officer And Chief Operating Officer

Healthcare Industry · 2024-10-31

Decision Date
2024-10-31
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 establish a medical and healthcare training company in Florida. This company will offer comprehensive short and long-term courses, both virtually and in-person, aimed at refining the skills and ethical standards of healthcare professionals. The endeavor seeks to address skill gaps and nurture a highly skilled workforce capable of delivering exceptional patient care.

Framework Evaluation

0 of 3 criteria met
1 The proposed endeavor has both substantial merit and national importance Not Met

The petitioner failed to demonstrate that her proposed endeavor would have substantial merit and national importance, as the evidence did not show the impact would extend sufficiently beyond her future clientele or generate substantial economic benefits commensurate with national importance.

Why This Petition Was Denied

The appeal was dismissed primarily because the petitioner materially changed her proposed endeavor from a nursing instructor to establishing a healthcare training company after the initial filing, which is not permitted. Additionally, USCIS found that the petitioner failed to establish the national importance of her proposed endeavor under the first Dhanasar prong. While the business plan projected the creation of 54 direct jobs, over $7 million in wages, over $9 million in net income, and over $450 thousand in income taxes within five years, these projections lacked supporting details and were deemed insufficient to demonstrate a substantial economic benefit commensurate with national importance. The petitioner also failed to provide evidence that her company's intended operations in economically depressed areas would have a significant impact.

Request for Evidence (RFE)

Unsuccessfully Addressed

The Director issued an RFE, prompting the petitioner to revise her proposed endeavor from a nursing instructor to establishing a medical and healthcare training company. The RFE also sought additional evidence to demonstrate the national importance of the endeavor. The petitioner's response included a business plan and other documents, but these were ultimately found insufficient to establish national importance.

RFE Targets
The proposed endeavor has both substantial merit and national importance

Evidence

Evidence Types
Reference Letters Independent
Commercial Success Evidence

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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: 2024-10-31.

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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

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