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dismissed EB-2 (NIW)

Home Health Aide

Home Healthcare Industry · Brazil · 2024-05-08

Decision Date
2024-05-08
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 home health aide business in Florida providing personal care, companion care, and palliative care to patients at their homes. The business aims to assist with hygiene, administration of diet and medication, rehabilitation exercises, and nursing consultations to improve patient quality of life.

Framework Evaluation

1 of 3 criteria met
1 Well-positioned to Advance the Endeavor Met

The Director determined the petitioner was well-positioned based on her academic credentials and professional experience.

2 Substantial Merit and National Importance Not Met

The endeavor has substantial merit due to the healthcare professional shortage, but lacks national importance as it does not impact the field more broadly.

3 On Balance, Beneficial to Waive Job Offer Not Met

The petitioner did not demonstrate that the benefits of her work outweigh the need for a labor certification.

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. Although the business projected creating 8 direct and 32.34 indirect jobs and generating $220,000 in taxes over five years, these metrics were deemed insufficient to show a broader impact on the U.S. economy or healthcare field.

Evidence

Evidence Types
Reference Letters Dependent
Government Alignment
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: 2024-05-08.

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At a Glance

Outcome dismissed
Criteria Met 1 / 3
Evidence Types 3

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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