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dismissed EB-2 (NIW) RFE Issued

Home Health Aide

Home Healthcare · Brazil · 2024-05-28

Decision Date
2024-05-28
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 home health aide providing specialized services to the elderly, post-surgical patients, and individuals recovering from substance abuse. The work involves assisting with daily living activities, monitoring vital signs, and administering medication to avoid unnecessary hospital admissions and reduce healthcare costs.

Framework Evaluation

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

The endeavor has substantial merit but lacks evidence of national importance or broader implications beyond the petitioner's immediate patients.

Why This Petition Was Denied

The appeal was dismissed because the petitioner failed to establish the national importance of her endeavor, as the impact was localized to her specific patients. Additionally, the AAO found she did not qualify for the EB-2 classification because she only had four years and three months of post-baccalaureate experience, failing the five-year requirement.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested more details on the proposed endeavor; the petitioner responded with an updated professional plan focusing on public sector work and cost-effective delivery.

RFE Targets
Substantial Merit and National Importance

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: 2024-05-28.

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

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