Visalytics
Visalytics
dismissed EB-2 (NIW)

Registered Nurse

Home Health Care Business · 2024-11-22

Decision Date
2024-11-22
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 operate a home health care business in the United States. This endeavor aims to address the national demand for home health care services, particularly for the aging population, and is asserted to influence public health outcomes, reduce hospital readmissions, and lower overall healthcare costs.

Framework Evaluation

0 of 3 criteria met
1 Proposed endeavor has substantial merit and national importance Not Met

The proposed endeavor to establish and operate a home health care business did not sufficiently demonstrate national importance, as the evidence did not show an impact extending beyond potential patients to the field or U.S. economy broadly.

Why This Petition Was Denied

The motion to reopen and reconsider was dismissed because the petitioner failed to establish that the proposed endeavor met the national importance element of the first Dhanasar prong. USCIS found that the evidence, including a business plan and letters of recommendation, did not show the endeavor would impact the field or U.S. economy broadly beyond potential patients. The petitioner's claims of significant economic benefits and job creation were not supported by corroborating evidence, and reliance on Matter of NYSDOT was improper as it was vacated by Matter of Dhanasar.

Evidence

Evidence Types
Reference Letters Dependent
Business Plan

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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: 2024-11-22.

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At a Glance

Outcome dismissed
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

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