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dismissed EB-2 (NIW) RFE Issued

Home Health Aide

Home Care Consulting Business · Uzbekistan · 2024-05-13

Decision Date
2024-05-13
Location
New York
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 and manage a home care consulting business in New York focused on elder care. The business would provide consulting to healthcare organizations to improve performance, evaluate elder care programs, and offer workshops and peer-to-peer programs to improve the wellness of elderly patients.

Framework Evaluation

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

The AAO found the endeavor had substantial merit but failed to establish national importance.

2 Well-positioned to Advance the Endeavor Not Met

The petitioner did not establish she was well-positioned, and the AAO reserved detailed discussion after finding prong 1 was not met.

3 On Balance, Beneficial to Waive Job Offer Not Met

The petitioner failed to demonstrate that waiving the labor certification would benefit the U.S.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish eligibility for the underlying EB-2 classification, as her degree in biology/entomology was not related to home health care and she lacked five years of progressive experience. Furthermore, under the Dhanasar framework, she failed prong one because her proposed consulting business did not demonstrate national importance or a broad impact on the industry.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested further evidence for all three Dhanasar prongs. The petitioner submitted a business plan and an expert opinion, but the Director and AAO found these insufficient to establish 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
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: 2024-05-13.

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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 3,816
Success Rate 53.6%
Sustained 2,046
Dismissed 1,674

Related Pages

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

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